Research On The Criminalization Of Monopolistic Behavior

With the rapid development of China's socialist market economy,among the socialist market economic activities, there appears a large number of complex monopolistic phenomena, and the monopolistic problem attracts more and more people's attention. And for the monopoly as the enemy of the competition, monopolistic behavior not only seriously damages the free and fair competition mechanism in market economy and disturbs the market competition order, but also seriously infringes the social public interests, which become the"stumbling block” hindering the development and prosperity of the market economy and social progress. In today's market economy activities, the social harmfulness due to monopolistic agreements,abuses of market dominant position and abuses of administrative powers to eliminate or restrict competitions and other monopolistic behaviors is not inferior to the general economic crimes. In view of the serious social harmfulness due to monopolistic behaviors, and the inherent defects of civil liability and administrative liability existing in the regulation of monopolistic behaviors, foreign developed market-economy countries and regions have adopted the monopoly-behavior criminalization way to realize the regulation on criminal liabilities of monopolistic behaviors and take effective measures to prevent and combat all kinds of monopolistic behaviors. Obviously, in the context of economic globalization, the criminalization realization of monopolistic behavior has become an irreversible trend in the world.However, China's current "anti-monopoly law" regulates the administrative liability mainly about legal regulations of monopollistic behavior, supplemented by regulations of civil liability, while criminal responsibility is seriously absent to cause China's "anti-monopoly law" to be lack of the deterrence, with unsatisfactory implementation results, so that the monopolistic behavior in the market economy of our country isgetting worse. Therefore, it is necessary for our country under the premise of fully integrating economic development and environmental legislation at this stage, and on the basis of fully drawing on the advanced experience of developed market-economy countries in monopolistic legislations, we timely criminalize monopolistic behaviors with serious social harmfulness such as monopolistic agreements,abuses of market dominant position and abuses of administrative powers to eliminate or restrict competitions and we set corresponding punishment according to the size of the social harm for the types of the monopolistic behaviors, and according to the different kinds of monopolistic charges.