The Disscussion Of The Private Enforcement In China And EU

As the soul of the law,the enforcement is of prime importance in the whole legalprocess.The Law will be nothing but empty words on the paper without the practicalenforcement,no matter how complete it is.Edgar Bodenheimer pointed out in his workthat the law will be a myth rather than the reality if its rules can not influence people’sbehaviors and activities.The enforcement of law is the transformation process fromthe abstract principles to the specific activities,implementing the legal rules into theactual conducts.However,the body who puts the rules into effect includes the privateperson，corporation and public agency.The antitrust law is honored as the economicconstitution,burdening the mission of maintaining the competition order,ensuring thehealthy development of the market economy,protecting the private and publicinterests.Whether the antitrust law can achieve the prospective effects relies on thefeasible enforcement mechanism.That the main body of the enforcement includes theprivate body and public agency implies that the enforcement of the antitrust lawincludes two instruments,the private enforcement and the public enforcement,whichdiffer in the aspects of subject,means and remedy.The private enforcement mechanism was derived in USA, and developed inmany areas including Japan,EU.In USA,the cases litigated by private party isinnumerable,indicating that the private enforcement becomes the equally importanttools to carry out the antitrust law.Nevertheless,the private enforcement isunderdeveloped at one time.After the ratification of the importance and necessity ofthe private enforcement,it was gradually developed in EU.In China,the privateenforcement mechanism is limited in the Article50of the Antitrust Law and the judicial interpretation by the Supreme People’s Court with insufficiency of thefeasibility.This paper includes three parts besides the introduction and conclusion:The first part will introduce the theoretical knowledge of the enforcement oflaw,including the private and public enforcement,introducing the advantages anddisadvantages of the public and private enforcement and laying the foundation for thispaper.The second part will provide the experience of the private enforcement in EUand will deal with several issues concerned.The last part will illustrate the current situation of the enforcement of antitrustlaw in China,and the role assignment of the public and private enforcement.And thenecessity and the defects of the private enforcement and the suggestions will bepresented in this part.This paper aims at exploring the private enforcement in European Union andChina on the basis of the theory and practices.From the perspective of EU,it willillustrate several specific issues about the private enforcement.As to the situation inChina,it will offer my humble opinions combing the unique national conditions ofChina.