A Study Of Anti-monopoly Law Promises In The Protection Of The Rights And Interests Of The Third Party

China's enforcement of the anti-monopoly law introduced in 2008 pledge system,and supporting the development and reform commission, ministry of commerce and state administration for industry and Commerce Department rules and regulations,from formally established a relatively complete system of anti-monopoly law reconciliation commitment. But, by studying both at home and abroad about the ata commitment system of related books, periodicals and paper, the author found that China's anti-monopoly law promises system itself has many drawbacks. After analyzing the institutional defects, it is not difficult to conclude: the root cause of the defects in institutions is lack of the third person in the position in the ata commitment system. Only clear the settlement procedures related to law enforcement agencies, the law enforcement operators and benefit of the third person of the tripartite relations and subject content, to safeguard the anti-monopoly law enforcement on system design in the process of reconciliation promised fair rationality, can give full play to the system of pledge on the positive role in the process of antitrust enforcement.This article attempts from the perspective of the protection of the rights and interests of a third person, the analysis of the nature of commitment system tripartite main body and the third person rights and interests content, find the shortage of the existing legal norms and realistic problem in our country, by understanding a relatively mature, to safeguard the rights and interests of a third person's commitment system, to perfect our system of anti-monopoly law promises to provide the corresponding perfecting suggestion.In this paper, besides the preface and epilogue part, the text includes four parts:The first part: the basic theory of the ata commitment system of protection of the rights and interests of a third person, the commitment system are mainly introduced the tripartite main body relations, the rights and interests of the third party content and the necessity of the protection of the rights and interests of a third person.The second part: the protection of the rights and interests of a third person in the system of our country's anti-monopoly law promises the status quo, mainly from the legislation present situation, the situation of administrative law enforcement and judicial relief present situation from three aspects to introduce.The third part: commitment outside the antimonopoly law system in the protection of the rights and interests of a third person related institutional analysis,mainly analyzes the United States "agreed to judgment" and "consent decree" system,treble damages system and collective lawsuit system; Japan's "agree on" system,haploid damage compensation system and the selected in lawsuit system; The eu's"accept commitment system", promised consultation system and punishment system.The fourth part: according to our commitment system perfect suggestion, contain shall follow the principles and concrete measures from two aspects.Specific principles, including interests balance, program participation and effective relief measures in addition to the macro system construction, mainly from the implanted into the third person to participate in the mechanism, establish the settlement distribution system, and set up more departments the joint law enforcement mechanism,confirm the antitrust can Sue of the administrative law enforcement reconciliation and improve the system of admitted to the third person in the collective litigation mechanism, improving Suggestions in five aspects.