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The Research Of The Regulation Of Discretion Of Law Enfocement In Leniency Policy Of Anti-monopoly

Posted on:2018-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:J C ZhangFull Text:PDF
GTID:2346330542461607Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As an concrete system in the antitrust enforcement system,Leniency policy aims to encourage the participants of monopoly agreement to admit illegal behaviors,to contain the monopoly agreement practice,and to improve Law enforcement efficiency.The certainty of leniency policy is the premise of its effective application,strengthen the certainty of leniency policy is the legislative trend.But the Anti-monopoly Law and the provisions of the relevant detailed rules about leniency policy in our country has strong principle,the enforcement agencies of Anti-monopoly Law have larger discretion in the applicable conditions and the applicable legal consequences of leniency policy,and Lack of adequate reasons in the application of leniency policy,it's not conducive to the effective implementation of the leniency policy and protection of the interests of applicants.This discretion of leniency policy enforcement agencies is closely related to the effective application of leniency policy,we need to strengthen certainty of leniency policy,specific evidence standard in the application of leniency policy,elaborate mitigated punishment treatment to increase the predictability of the leniency policy.At the same time,carrying out the justice of law enforcement,strengthening the argument in the application of leniency policy to regulate antitrust enforcement discretion.
Keywords/Search Tags:Leniency policy, Law enforcement agencies, Discretion, Regulation
PDF Full Text Request
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