The Legislative Construction Of The Litigation Of China’s Anti Monopoly Group

Our country "anti-monopoly law" promulgated in 2007,started in 2008, until this year,is the eighth year, but the only principles for the regulation of anti-monopoly civil litigation is a. Although the Supreme Court issued relevant judicial interpretations, the clause is added. But China’s antitrust legislation concerning civil litigation system is still too simple and the present situation of the formal. Judicial practice lack of legal basis to do security, causes our country current antitrust private lawsuit is extremely rare, and win rate is almost zero.Group lawsuit system, a effective weapon, and resolve the small majority group litigation in the academic circles have sparked a research boom in many countries around the world. In this paper, based on the research of the group lawsuit system itself, to finesse academia on the introduction of group lawsuit system malpractice concerns, in view of the small group lawsuit system in solving the most outstanding contribution on group litigation, with characteristics of antitrust private litigation in our country, put forward the idea of building antitrust group lawsuit system. This article is divided into four parts, the author, from the basic concept and the status of constructing China’s antitrust group lawsuit system is analyzed on the feasibility and necessity, again through the outside parts of group lawsuit system and be used for reference in China group lawsuit system, draw the corresponding enlightenment, then construct conforms to the basic situation of antitrust group lawsuit system in our country.