Research On The Applicability Of The Punitive Damage Compensation System In China's Anti-monopoly Law

Vindictive damages come from common law system.It is a kind of civil obligation system in contrast to compensatory damages.It has multiple functions like encouragement,punishment and so on apart from compensation.Many countries and areas introduce vindictive damages in legislation.In Anti-Monopoly Law,the application of vindictive damages has a long history.The most famous one is mandatory three-time compensation in American Anti-Monopoly Law.At present,monopoly illegal acts are frequent in China and ruin free and fair market competition order while the conduction of Anti-Monopoly Law is worrying.In Anti-Monopoly Law,public enforcement is not strong enough and has some insuperable limits.The strengths of private enforcement can compensate the weaknesses of public enforcement,but unfortunately at present the private enforcement in Chinese Anti-Monopoly Law is severely lack.Chinese existing Anti-Monopoly Law only regulates that monopoly law-breakers should take on civil liability for compensation,but does not make it clear that the liability is compensatory damages or vindictive damages.In juridical practice,victims can only ask for compensatory damages when it comes to the damages of monopoly acts.Individuals are faced with multiple obstacles like evidence difficulty,high costs and long time etc.in monopoly lawsuits.Compensatory damages cannot fulfill monopoly damages and restrain individual lawsuit inspiration.On the other hand,it is not serious enough to monopoly law-breakers who are in strong economic status and cannot decrease monopoly illegal acts effectively.Therefor,this paper discusses on applying vindictive damages in Chinese Anti-Monopoly Law to promote the conduction of Anti-Monopoly Law.This paper starts from introducing the functions of vindictive compensation and uses logic analysis method to discuss on the necessity and feasibility of applying vindictive damages system in Chinese Anti-Monopoly Law from practical need and legal basis perspectives.It discusses how to apply vindictive damages in Anti-Monopoly Law scientifically and reasonably in detail.First,through the analysis of vexatious litigation disadvantages caused by complete vindictive damages in foreign Anti-Monopoly Law and combining with Chinese national situations,it is found that in Chinese Anti-Monopoly Law,vindictive damages should be applied selectively.It analyzes the features of different kinds of monopoly acts and concludes that vindictive damages should be applied to two monopoly acts,monopoly agreements and abusing market dominant status.Then,when it comes to specific amount of vindictive damages,this paper illustrates the cardinal number calculation of vindictive damages and selections of compensation rate.Through comparative analysis method and logic analysis method,it proves the rationality of double compensation rate when vindictive damages are applied in Anti-Monopoly Law.