Research On Legal Issues Of Private Enforcement Of Anti-monopoly Law

According to the different implement subjects,the implementation of anti-monopoly law is divided into public enforcement and private enforcement,from the perspective of implementation,China's anti-monopoly law is public enforcement oriented.However,public implementation has its own defects,making some monopoly behaviors evade from legal sanctions,In addition,even though the implementation of sanctions against public monopoly offenders have some positive influence,but the economic loss of the victims cannot be fully compensated,which cannot satisfy the initial legislative purpose —protecting consumers' legal interest.Therefore,the private enforcement of anti-monopoly law is particularly necessary.However,the development of China's private implementation of anti-monopoly law is growing slowly,From the perspective of institutional arrangement except for the principled provisions in the "Anti-monopoly law",in 2012,the Supreme People's Court promulgated the "On the problems of law should stipulate the trial of civil dispute cases arising from monopolistic behavior"(the following referred to as the "judicial interpretation" of the anti monopoly law),this regulation gives instructions on some specific provisions,such as the subject system,litigation system,jurisdiction system,the system of burden of proof,evidence system,and so on.But according to the implementation in the past few years,although thenumber of cases has increased,the plaintiff lost in most cases,from this point of view,the private implementation of anti-monopoly law system still has many problems,need to be improved.This article proceeds to the concept of antitrust private enforcement,try to clarify,then analyzes its value and function,through the comparison of foreign legislation and practice experience,to find out the problems in the private implementation of anti-monopoly law,and put forward relevant suggestions on these issues.This paper includes six parts: the first part is the introduction,mainly about the research background,research significance,literature review,research methods,ideas and innovation;the second part outlines the private implementation of anti-monopoly law,mainly on the concept and implementation of private mode and value and function were introduced and analyzed,which lays a theoretical foundation for below;the third part introduces the foreign antitrust private enforcement system,respectively on the specific system of the United States,European Union,Japan and other countries to provide experience for the perfection of our country's comparative law of private antitrust enforcement;the fourth part mainly analyzes the legal provisions in the existing private implementation of the antitrust law of our country system and implementation,to secure the private implementation of the antitrust law of our country and the lack of public implementation of effective convergence procedure The antitrustcase,the arbitration system,lack of civil litigation system is not perfect,private supervision system is not perfect and so on;the fifth is part in the view of the above questions,according to the actual situation of our country,based on comparing and using for reference foreign related system experience is given on the perfection of the legal system of antitrust private implementation proposal;the sixth part that is the conclusion.