Study On Punitive Damages In The Field Of Antimonopoly Law

In recent years,the number of monopoly cases has risen straightly in China,seriously affected the fair competition of the market.Although China's legislation has stipulated the administrative fines,compensatory civiland other legal sanctions,it did not effectively curb monopolies and failed to deter the same or similar incidents form happening again.There are many reasons for this,from the theory of cost and benefit,one of the main reasons is that there were not enough punishments for such illegal acts in the past and the system of damages was built based on the purpose of compensation,and victims have insufficient notivation on the suit for compensation.Then the implementation of antimonopoly law will be influenced negatively.Punitive damages have compensation,deterrence and encouragement functions which can fully compensate victims and punish offenders.Therefore,the establishment of punitive damages system can promote the effective implementation of the anti-monopoly law.Trying to use the basic principles of law,comparative method,historical research method,and with the help of legal and economic research method,combined with typical cases of anti-monopoly areas,it analyses the anti-monopoly events and regulatory measures,trying to provide theoretical basis and legal suggestions on introducing and constructing the punitive damages in the field of anti-monopoly system.Firstly,it takes legal theory research to make clear the concept of punitive damages system and state its functions.Secondly,it adopts economic methods of law to analyse the deficiency of present regulation mode.Thirdly,by applying comparative analysis,it conducts comparative research on punitive damages models of America and Taiwan of China.for the moment the anti-monopoly legislation should base on the victim's actual loss as compensation for the base,and punitive damages multiples should be absolute two times compensation.And We should judge strictly according to constitutive requirements whether the monopolistic behaviors can claim punitive damages.