The Research On Plaintiff Qualification In Private Anti-trust Litigation

Plaintiff Qualification in Private Anti-trust Litigation, while in the field of civil procedure law is a hot subject. On August, in 2008, the Anti-monopoly Law of the People’s Republic of China came into effect. It is bring the important effect in the history of the development on economic law. But, the laws about regulations of plaintiff qualification are low and simple. On May, in 2012, “Regulations of the Supreme People’s Court on Law Application in Monopoly-caused Civil Cases” was passed. These laws about regulations of plaintiff qualification have only few words, its purpose is to build a platform of "private litigation". Because the laws are not perfect, on the limitation of Plaintiff Qualification, it is wrong. It is made a lot of the victim’s legitimate rights cannot be protected by law. law that now of plaintiff qualification is different of the traditional meaning of the Eligible parties. In this paper, from the theory of the plaintiff qualification in private litigation to support the plaintiff qualification in private litigation on expansion, it is necessary. From the predicament of legislation and practice is discuss the management theory, in current. On the program, between plaintiffs qualification in private anti-trust litigation and the traditional meaning of the law is fuzzy. After foreign plaintiff qualification in private anti-trust litigation were introduced and then study its rules. Finally, the three aspects are inducted, and then we are perfecting the legal system in the area of the plaintiff qualifications in private anti-trust litigation in our country.The first part of this thesis, summarizing the type of plaintiff qualifications in private anti-monopoly litigation, anglicizing the basis of theory of plaintiff qualifications in private anti-monopoly litigation, is intrude the plaintiff qualifications in private anti-monopoly litigation.The three types of the plaintiffs: Competitors, indirect Purchasers and the group victims. It is point the legitimacy, rationality and superiority from two unique aspects. This unique aspect is jurisprudence and law and economics.The second part of this thesis, according the current situation of private antitrust litigation legislation and practice, is summarizing the question of our current law about private antitrust litigation legislation. It is to points out the problems of the legislation and judicial interpretation. At present, we have three mains difficulty in the legislative aspects: First, the plaintiff qualification range is fuzzy; second, the condition of the prosecution is unknown; third, the private supervision strength is not enough. We have three mains difficulty in the practice aspects: First, the court is slack about case of private antitrust litigation; second, the execution of private antitrust litigation is not complete; third, the interest of plaintiff qualification of private antitrust litigation is lack.The third part of this thesis, the standing of private anti-monopoly litigation in China is perfected, in accordance with the second part. First, it is put forward relative measures for the question of our current law about private antitrust litigation legislation: Expanding the scope of the plaintiff qualification, building the condition of the prosecution, completing the system of the private supervision. Second, it is put forward relative measures for the question of private about private antitrust litigation legislation: building a representative litigation system, reforming the court filing system; setting up two times the punitive damages system.