Research On The Leniency Program Of Anti-monopoly Law

A standard in order to ensure that market economy can run, in2008, ourcountry began to implement the anti-monopoly law of the People’s Republic ofChina (hereinafter referred to as "anti-monopoly law"). The anti-monopoly lawas a country’s "economic constitution", in the sanctions and the fight againstillegal economic activities, plays a very important role. Economic harm to marketmonopoly as a most widely, the most serious anti-competitive behaviour,seriously affected the normal operation of market economy, so it has traditionallybeen anti-monopoly law to crack down on objects around the world. In2005,Japan’s fair trade commission in order to defend the Japanese for the healthydevelopment of market economy, to "ban on private monopoly and ensure fairexchange act" revised, and will forgive system for the first time to write it. So far,Japan’s forgiveness system has been implemented for nearly10years, to promotethe rapid development of Japanese economy plays a very important role, in Japanafter implementation of the monopoly system of forgiveness also play a verysignificant practical results. Mainly embodied in the following aspects: first, fairtrade commission has not been able to reduce or exempt from applicants need topay the levy of gold; In addition, during the application process of forgiveness,application process and the application materials are very simple; Again, canforgive treatment by those who were judged to have monopoly behavior of theindividual to apply for together.Japan and China, as close neighbors separated only by a strip of water,national conditions and social customs have certain similarity, and belong to eastAsian economic culture, legal system and belong to continental law system, legalsystem and cultural concept also has many similarities. This article throughstudies of Japan against monopoly behavior in the process of the related reliefmeasures, hope to get some experiences and lessons and relief measures in theprocess of correction in fighting against monopoly in our country, such as establishment of monopoly in our country in the process of relief measures toprovide some enlightenment and reference.In this paper, the study of Japanese forgiveness system on the basic theory,then introduces the Japanese forgiveness system’s implementation, finallythrough to the current our country through the research of the specific situation ofthe implementation of the system of forgiveness then discuss specificimplementation of further perfect forgiveness system in our country. The overallframework and thinking of the paper mainly includes three parts:Firstly, a brief introduction in the fight against monopoly in the process ofthe system of the basic theory of forgiveness. Concrete is introduced in the fightagainst monopoly forgiveness measures in the process of the definition, content,function and implementation of specific value.Secondly, with the introduction of the Japanese leniency program. WithJapan’s leniency program as the core of this part, mainly discusses theimplementation of Japan’s forgiveness system present situation and existingproblems, etc., to improve and perfect our forgiveness system has referencefunction.Thirdly, on the basis of summarizing the Japanese experience forgivenesssystem implementation, forgiveness system analysis our country current situationand need perfect. Based on the analysis of our country relief measures againstmonopoly, in detail elaborated the applicable conditions, the object of the system,application for relief should have obligations and responsibilities, the specificrange of forgiveness, the right to relief agencies, reduction of the specificprocedures, etc. Based on the relevant experience of Japan, China’s forgivenesssystem can be improved from the following aspects: apply for the main body offorgiveness, sequence, and applying condition of the system of quantity,forgiveness, should clear application for relief obligations, improvement of theimplementation of relief program.