Research On Introduction Of Punitive Damages System Into Anti-monopoly Law Of China

In the recent years, driving implementation of anti-monopoly law with private enforcement has become the international trend. Influenced by the general environment, China decided to implement Regulations of Applicable Laws for Trial of Civil Dispute Cases Caused by Monopolistic Behaviors from June 12012 to ensure smooth development of private enforcement of anti-monopoly law, but poor effects were achieved only, which is attributed to relatively backward damages. system of anti-monopoly law currently as it cannot drive anti-monopoly law to play its roles fully.Punitive damages system has been practiced since the implementation of anti-monopoly law, but no matter legislation or actual enforcement, they do not reflect developing needs and features of anti-monopoly law, but to obstruct enforcement of laws. Vitality of law lies on implementation. So, it is an urgent task for perfecting punitive damages system of anti-monopoly law to drive the development of private enforcement. Punitive damages system is the most proper choice; and it punishes doer of illegal monopolistic behavior with high economic compensation as a kind of special civil responsibility and it deters the doer and operators not to conduct such illegal behaviors, so as to achieve the purposes of preventing and holding down illegal monopoly. Meanwhile, high damages can motivate enthusiasm of private litigation as a breakthrough damages system. In actual life, punitive damages system has been combined with anti-monopoly law in numerous regions. For example, the famous absolutely three-time damages system of America and discretionary three-time damages system of Taiwan of China are demonstrations for punitive damages system to play its due roles in the field of anti-monopoly law. So, anti-monopoly law of China needs to conform to international trend, introduce punitive damages system, select a damages model suitable to practical needs of China and practically ensure effective implementation of anti-monopoly law, all of which are worthy of being studied.This paper mainly applied historical analysis, legal theory research, economic analysis of law and comparative analysis. Firstly, this paper adopted historical analysis method to clear up developing process of punitive damages system. Secondly, it took legal theory research method to make clear the concept of punitive damages system and state its properties and functions. Thirdly, it adopted economic methods of law to explore the causes to imbalance of interests, which leads to formation of insufficient motivations for private enforcement, thus influencing implementation of anti-monopoly law. By applying comparative analysis, it conducted comparative research on punitive damages models of America and Taiwan of China to lay foundation for structuring punitive damages model of anti-monopoly law.This paper was divided into four parts except for introduction and conclusions:The first part refers to overview of punitive damages system, including generation, development, meaning, properties and functions of punitive damages system.The second part is concerned about necessity and feasibility of introducing punitive damages system into anti-monopoly law of China. By analyzing complicated limitations of damages itself, hazards of monopolistic behaviors and necessity of promoting private enforcement, it showed the need of China to introduce punitive damages system. And then, drive the theoretical statement for implementation of anti-monopoly law with punitive damages system, show the implementation effects of the system in other laws of China and affirm the standing point for the system to adapt to needs of anti-monopoly law.The third part means applicability of punitive damages system in extra-territorial anti-monopoly law. By studying absolute three-time damages system of America and discretionary three-time damages system of Taiwan, this part summarized their excellent experience in five aspects like specific regulations of punitive damages system, affirming subjects of litigation, constitutive requirements, calculation methods and analysis of good points and shortcomings for structuring punitive damages system in anti-monopoly law of China.The fourth part refers to expectations of anti-monopoly law for structuring punitive damages system of China. With statement and comparative analysis of the previous three parts, it proposed rational suggestions on structuring punitive damages system and application conditions.