On Plaintiff Qualification Of Social Organization In Anti-monopoly Civil Litigation In China

The anti-monopoly civil litigation is an important part of The implementation of the antitrust law,and the plaintiff qualification is the key of the whole Proceedings. Currently, the civil litigation plaintiff mainly can be divided into four categories: the competitors, consumers, social organizations,and state organs. The social organization has the characteristics of non-profit,non-governmental, voluntary and public-spirited, organization, combination.And these characteristics are allowed him to play a unique role in the anti-monopoly civil litigation. In the new revised Consumer Protection Law of our country, for the first time endowed the social organization the plaintiff qualification of the anti-monopoly civil litigation. Therefore, the more following problems about social organization’s plaintiff qualification in anti-monopoly civil litigation need to solve.Firstly, the article states the general theory of the society organization’s plaintiff qualification in the anti-monopoly civil litigation. Secondly, the article expounds the necessity and the urgency on giving the plaintiff qualification to the society organization,based on the analysis of the value of social organization,if it has the plaintiff qualification of the anti-monopoly civil litigation. Thirdly,the article teases the regulations on our country’s plaintiff qualification of the anti-monopoly civil litigation. And then, points out the rationalisation and shortcomings of the existing system in China. The last, the article uses the better foreign legislation and judicial practice as reference, and makes suggestions to improve the system of our country’s plaintiff qualification of the anti-monopoly civil litigation.