Research On The Coordination Of Administrative Law Enforcement And The Civil Litigation Of Anti-monopoly Law

The health of the economy to run a good competition environment, this is the internal requirement of market economy. In order to create and maintain a good competitive environment, as the forerunner in the United States, the world’s nations have formulated anti-monopoly law, and through the law to standardize the market structure and market main body behavior. Hundred years of anti-monopoly law practice has proved that the antitrust laws in the country’s economic development has a very important role, and should give full play to the role, to achieve the expected legislation goal, not only need a perfect anti-monopoly law, also need a set of perfect, effective system of anti-monopoly law implementation. There are two ways to the implementation of the anti-monopoly law: implementation of pubiic and private. The anti-monopoiy authority by the state of the regulation of monopoly behavior is known as the public implementation; By private body caused by the antimonopoly law implementation, called the private implementation.Public in the implement of antimonopoly law implementation is mainly reflected in the use of administrative power, administrative law enforcement. And private enforcement is mainly focus on the use of judicial power, the civil action. If appear in practice can be either by the anti-monopoly administrative enforcement departments can directly by the private in judicial proceedings of civil compensation lawsuit cases, objectively leads to executive power and judicial power to exercise at the same time to confirm whether certain actions constitute a monopoly situation, that is to say, the implementation of the anti-monopoly law and administrative law enforcement and civil litigation will conflict, of course, in the operation process, implementation procedures, administrative law enforcement and civil suits also can produce conflict, this is mainly due to the administrative law enforcement and the civil litigation legislation purpose, define the different standards and the concept of law enforcement, etc. In today’s world is still in the antimonopoly law implementation of the administrative enforcement of law. as the main way, it is based on the circumstances in the administrative law enforcement and civil litigation will start the program, the program runs, and subsequent lawsuit aspects such as the conflict and coordination problems, only deal with the relationship between them, to make the implementation of the anti-monopoly law to go smoothly, play its important role in the economic life, it has become an important subject of anti-monopoly law. Only administrative law enforcement and civil litigation both coordinate with each other to make the healthy development of the antimonopoly law implementation.In this paper, the text is divided into three parts.The first part is to coordinate administrative law enforcement of anti-monopoly law, and the necessity of civil litigation, mainly through the analysis of anti-monopoly administrative enforcement and civil suit their respective advantages and defects, the antitrust legislation in our country’s current legislation defects, and the trend of the international antitrust now now implement these three aspects to determine the coordinate anti-monopoly administrative enforcement of law and the necessity of civil litigation. Clear only will both effective coordinate more conducive to the implementation of the anti-monopoly law, so as to lay on the basis of the full text.The second part is to build a reasonable anti-monopoly administrative enforcement and the basis of a civil action coordination mechanism. Mainly from the theoretical basis and practice basis to analysis. Through the introduction of the general practice of international coordination of the conflict, mainly through questions, countries such as America, Germany, Japan’s basic rules, and make analysis and comments, and hope to gain enlightenment, to construct the mechanism of our country provides practical experience.The third part is to build a reasonable anti-monopoly administrative enforcement and civil conflict coordination mechanism countermeasures, aiming at the current situation of the implement of antimonopoly law, including the existing legal provisions and judicial practice, the two coordinate processing rules, coordinate the relations of our country make detailed understanding and analysis. First need to have a clear division of labor is the administrative law enforcement and civil litigation, mainly from the practice of the European Union defined according to the distribution of the implementation of public and private enforcement standards, on the basis of "common interests" to allocate, public implementation only for cases involving major public interests or influence. Followed by administrative law enforcement and civil litigation must carry on the cooperation. Civil litigation assistance for administrative law enforcement. Based on China’s national conditions, China’s anti-monopoly law should be given priority to administrative law enforcement, civil action as an important support is an integral part of administrative law enforcement; Mainly reflected in the civil action to provide information for administrative law enforcement, civil litigation supervision and administrative law enforcement, in addition, the administrative law enforcement to civil litigation support. Administrative law enforcement of civil litigation should have sufficient support, to create conditions for its development and provide the appropriate space, in the end, is also a special attention to the administration to do appropriate restrictions on private, avoid the waste of social resources, only in this way can also play the function of the civil litigation is proper. This part is the core of this article.