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The Research On The Private Enforcement Of Antitrust Law System

Posted on:2016-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:W R ZhangFull Text:PDF
GTID:2336330479980177Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China’s "anti-monopoly law" promulgated, marking China’s competition in the market laws and regulations made a great progress, for our fight against all kinds of illegal monopolistic behavior, provide legal guarantee for the orderly competition and safeguard the socialist market. The purpose of legislation of anti-monopoly law is to establish the effective executive mechanism, maintain the healthy development of the market economy and the social public interests. Plays a more and more important role in the process of development of private enforcement of anti monopoly law in. Many countries to the importance of private enforcement mechanism in consciousness, have enacted or perfecting the legal system. China’s "anti-monopoly" referred to in the fiftieth private implementation of this concept, to fill our country’s antitrust private enforcement system of laws in blank. But provides only a law allows private enforcement system is very weak, in the concrete implementation of the system will encounter many problems needed to be solved urgently. "Judicial interpretation" is conducive to know the people’s court and correct application of antitrust law and play the role of private enforcement, however its deficiency in anti-monopoly civil litigation system innovation, has failed to effectively respond to the emergence of private enforcement problems in the process of. The implementation mechanism of anti-monopoly law generally includes the public enforcement and private enforcement, China’s anti monopoly law execution mode to public executive led, deficiencies in the private enforcement system, can not play the private enforcement incentives and deterrence two functions. This article from the basic theory of the anti-monopoly law to start, through the analysis of its theoretical basis summary demonstrates the feasibility and necessity of the existence of private enforcement system, using comparative analysis, the advantages and disadvantages of foreign antitrust private enforcement system, points out the problems facing the implementation of the system of private antitrust law of our country, this on the basis of combining the current situation of the development of our country market economy and anti monopoly enforcement mechanism, put forward reasonable suggestions to perfect our country’s system of private enforcement of anti monopoly law...
Keywords/Search Tags:Anti monopoly law, judicial interpretation, private enforcement, public enforcement, civil liability, damage compensation
PDF Full Text Request
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