Research On Some Issues Of The Leniency Program In Anti-monopoly Law

China's Anti-Monopoly Law of the People's Republic of China(hereinafter referred to as the "Anti-Monopoly Law")was formally promulgated on August 1,2008.Major legislative measures have resulted in the end of the long absence of China's anti-monopoly law.In order to effectively crack down on monopolistic behaviors,protect the legitimate rights and interests of legitimate competitors,and maintain orderly conduct of market competition,Article 46(2)of the Anti-Monopoly Law regulates of the Leniency program.This is the first time that the law explicitly expresses leniency.The system was introduced into the antimonopoly field in China.However,since the principle of legislation was adopted in the regulation of the Leniency program,there was only one clause and the formulation was very general.The scope of application,the subject of Leniency application,and the degree of Leniency were not clearly defined.The authority of the law enforcement agencies has not been specifically stated,resulting in overlapping powers of the law enforcement agencies in practice and excessive discretionary power in the hands of the law enforcement agencies.It is difficult to achieve complete fairness and fairness when investigating and monopolizing illegal actions in monopoly agreements,resulting in a lack of practical operation of the Leniency program.Subsequent law enforcement agencies issued several regulations in a targeted manner.Although the provisions on the Leniency program in the "Anti-Monopoly Law" were further clarified,due to the different terms of reference of the law enforcement agencies and the scope of leniency for leniency is inconsistent,applicants for Leniency are The treatment is not uniform.In the above series of questions,how to define the subject qualifications of Leniency applicants and how to determine the degree of Leniency? To ensure the independence and professionalism of law enforcement agencies in implementing the Leniency program are the three major issues discussed in this paper.This article summarizes the status quo of the legislation of the anti-monopoly field in China during 2008-2017 and the application of the Leniency program in law enforcement.Through the comparative analysis of the cases,a summary of the problems revealed by the application of the Leniency program to the concrete cases were summarized,and further analysis and discussion were conducted to find out why the legislative level of the Leniency program was not sound enough.Based on the experiences of countries or regions that have successfully applied the Leniency program to solve anti-monopoly cases,they have begun to apply the scope of Leniency applicants and the degree of application of Leniency,the professionalism of law enforcement agencies,and the independence issues to improve and perfect China.The Leniency program in the "Anti-Monopoly Law" put forward various suggestions.