The Perfection Of Leniency Policy In China’s Anti-monopoly Law

Leniency policy is a "surrender" system in the field of anti-monopoly law,the United States first created leniency policy in 1978,most countries in the world accord to their own national conditions used leniency policy,leniency policy has been applied for forty years.Our country is now building leniency policy,although in 2007 in the second paragraph of article 46 of The Anti-Monopoly Law is similar to the leniency policy of content,but the rules are too principle,lack of maneuverability,so lead to low efficiency in the field of the anti-monopoly law enforcement in our country,most cases have different standards,in 2016,National Development and Reform Commission Issued“horizontal monopoly agreement case leniency policy application guide(draft)",on the application of the policy of leniency policy,application procedures,and the specific content of applicable all be mentioned.The purpose of this paper is to base on the file,for further discussion on the improvement of the leniency policy,because leniency policy in our country is still in the construction phase,so I write this article from a top-down institutional perspective.This paper is divided into five parts:The first part mainly introduce the origin and development of leniency policy,leniency policy originally created in the United States,the United States was based on the need of reality,and on the basis of leniency policy the US created leniency plus and the policy of personal leniency,leniency policy got very good applicable effect in the United States,also gradually adopted and developed by other countries and regions,this part mainly introduces leniency policy the application of the world.The second part mainly introduce the theory and practice of leniency policy in China,the legislation of our leniency policy,the main value of the leniency policy function,at present our country leniency policy defects,etc.,at the same time,this part is mainly based on the defects of leniency policy in China,expand the scope of application of the subject,put the hard cartels into punishment,and create confidentiality policy for leniency policy applicant.The third part mainly introduce the applicability of the leniency plus in other countries and regions,including some practices of the US and other countries in a comparative way,on these bases create leniency plus of China.The fourth part mainly introduce expand the scope of leniency applicant,the applicants of leniency policy and leniency plus should include natural persons and industry associations.The fifth part mainly introduces the confidentiality research on the applicant’s identity information.Because there are moral trap dilemma and commercial retaliation,it is necessary to keep the applicant’s identity information confidential.