| Term 2 of article 46 in our national antimonopoly law stipulates the leniency system,but it is only a principle stipulation.The national antimonopoly law enforcement agency has published the corresponding regulation in the application of this leniency system,which has carried on a slight refinement on the basis of the antimonopoly law and improved the operability of the system to some extent.The system has the advantage of improving the efficiency of law enforcement,and it can help the antimonopoly law enforcement agency to reduce the difficulty of obtaining evidence in the process of investigating the illegal activities that breaks monopoly agreements.However,due to the late start of our antimonopoly legislation,the relevant provisions are not complete and perfect;the leniency system gradually exposed many problems in the specific implementation of the process.This article takes the constituent element of the leniency system as the cut-in point,through the collection and collation of relevant laws and regulations and the cases involving leniency in recent years,this paper investigates the present situation of the system from two aspects of legislation and practice,and then compare the investigation result with the composition element of the system,and we can find legal problems of our current leniency system:there exists a dispute about the applicable monopoly agreement type,the leniency range is too wide and the application quota is not limited,the specific conditions applicable of leniency is not clear and the procedural rules are not complete.Learn from legislation experience of foreign countries such as the United States,South Korea and Japan,we can propose improving suggestions to our antimonopoly law:first of all,we should clarify the applicable types of monopoly agreement suitable for leniency system,the system shall also applies to vertical monopoly agreement,so as to change controversial status quo of the application of the type of monopoly agreement;secondly,we should restrict the leniency level and quota of the applicants,to increase the provision of extra leniency,to increase the enthusiasm of applicants;thirdly,to specify applicable conditions for leniency,specify the evidence threshold criteria while stipulate the conduct conditions of applicants for leniency;finally,to complete the procedural rules of the leniency system by the five aspects:setting the time point for the leniency application,allowing the leniency applicants to consult beforehand,setting up a marking system,clarifying the leniency application and perfecting the circumstances of the abolition of leniency.We hope by proposing above measures to achieve the intended aim of introducing leniency system in antimonopoly law,which is to investigate the illegal act of monopoly agreement by the parties participating in the monopoly agreement so as to save the law enforcement cost and give full play function of the leniency system in improving the efficiency of law enforcement and safeguarding the fair competition order of the market. |
