The Monopoly Agreements Exemption Right Relief Mechanism

Monopoly agreements exemption system shall be supported by certain procedures and attain the goal of substantive justice by justice procedure.The perfect process of waiver has direct relationship between the immunity function of anti-monopoly law and even the whole effect.Program design is reasonable or not that will influence the effect of monopoly agreements exemption,the anti-monopoly enforcement authority also affect the transparency and predictability,and provide the corresponding path to those who having a \ "reasonable grounds\" monopoly agreements to obtain immunity.However,0ur country has made relevant monopoly agreements exemption from general conditions and procedures guide draft(hereinafter referred to as the \ "draft\"),as a monopoly agreements exemption under the guidance of the implementation of the program file,for the implementation of the exemption system provided the legislation basis and guidance,determine the relevant law enforcement agencies to implement the exemption,exemption application procedures and general condition of specific specification requirements.But paper still ignore the related operators,the victim or a person interested people for law enforcement agencies related to decisions or actions to provide a certain amount of relief mechanism when the program specification.From our country the whole scope of anti-monopoly law,So it is necessary for their specific,remedy mechanism of monopoly agreements exemption remedy mechanism in our country,provide necessary advice,thus provide theoretical guidance for the whole remedy mechanism of our anti-monopoly law.To solve the problem of this article is based on monopoly agreements exemption procedures of the lack of procedure in the remedy mechanism and to explore a suitable for our country on the premise of monopoly agreements exemption decided how to relief their legitimate rights and interests of relevant stakeholders?The structure of this paper is follow the principle of correspondence,proportionality and profitability to build the exemption rights relief mechanism,through the combination of prior and after the event review process right remedy as the main content,and the path is mainly discusses the administrative and judicial path in the perspective of procedural law to build the corresponding right relief mechanism.This paper mainly used the method of literature and historical analysis,to the procedural monopoly agreements exemption system in China in the design of program right remedy for the analysis.Papers will be from the following several parts to normative analysis monopoly agreements exemption relief system.In the preamble,first of all,it introduces the background and the significance of topic selection and research status quo of anti-monopoly exemption procedure and relief mechanism,etc.From different angles to the exemption system in the process,mechanism of rights and responsibilities are made literature exploration,on the basis of the analysis in this paper,the specific ideas and specific content,and put forward the paper's goal is to our country paper relief application problems of the design to improve the program in China shall be applicable to the specific.Since then also put forward in this paper,the innovations and shortcomings.Chapter one mainly presents on the basic theory of monopoly agreements exemption relief system.On the basis of the basic connotation of monopoly agreements,we will understand the regulation of antitrust exemption system foundation.Based on the monopoly agreements exemption and immunity is the relationship between the phase difference,so as to determine the research scope and the research object in this paper.And focuses on analyzing the concept of the remedy mechanism and the relationship between the legal responsibility,finally gave a relatively simple to relief classification analysis,for our country to establish scientific legal immunity remedy mechanism provides a theoretical support.Chapter two is this article key part that mainly discusses the monopoly agreements exemption application on the analysis of the parties rights or remedy mechanism of the said,from building the basic principles of monopoly agreements exemption relief for theoretical guidance,aimed at the particularity of monopoly agreements exemption under building remedy mechanism,the key to our country in \ "draft\" procedural rights relief mechanism clarified his point of view,and every stage of the special exemption right of party,argued whom,protection of commercial secrets,and other rights in the procedure and relief mechanism to protect the victim,the whistleblower report,respectively discuss the hearing,the right of supervision,the monopoly law enforcement agencies on both entity and procedure law,to some extent,shall bear legal responsibility.Chapter three is analysis of the choice of monopoly agreements exemption remedy mechanism,and the path of divided into the internal remedy of the administrative and judicial.First it discusses the particularity of internal administrative relief and the scope of application and the principle of benefit should be followed.The judicial path is including mainly administrative lawsuit and civil lawsuit,and combined with the specific procedures related to \ "draft\" rights,and to analyze what the relief model for each stage of procedural rights relief more conforms to the correspondence,feasibility,thus put forward in this paper.In my point of view,we should end the internal relief,take the complement of a private aid force,in order to achieve the purpose of relief.At the same time,we should prevent the abuse of right relief waste of social resources,and those shall bear the adverse consequences.That is to say,we have to prevent rampant or wrong litigation,but offer some positive measures to help the litigation benefit achieved.