Research On The Application Of Leniency Program After Monopolistic Conviction

In the market competition environment,the harm of monopoly agreement is extremely serious,so the countries of the world are also concentrated on investigating and cracking down on monopoly agreement.However,the inherent hidden characteristics of monopoly agreement,coupled with the various anti-detection methods adopted by its participants to avoid the investigation of antitrust law enforcement agencies,make the investigation and punishment of monopoly agreement often deadlocked,and the attack can not achieve very good results.Thus,the United States took the lead in 1978 in creating a system of forgiveness based on the economics of the Prisoner's Dilemma to effectively ensure the investigation and crackdown on monopoly agreements.Anti-monopoly Law of the People's Republic of China in2008(called antitrust law)also incorporated monopoly agreements into its prohibited monopoly behavior,while introducing a system of forgiveness,which is provided in principle in Article 46.Although the National Development and Reform Commission issued the Anti-Valicious Monopoly Administrative Law Enforcement Procedure Provisions and the State Administration for Industry and Commerce issued the Provisions on the Prohibition of Monopoly Agreements by the Administration for Industry and Commerce,the feasibility of the system of forgiveness has been greatly improved.However,since China'santi-monopoly law does not provide for criminal liability for illegal monopoly agreements,the system of forgiveness is only applicable to the reduction and exemption of liability for administrative punishment,and does not provide for the criminal forgiveness system of informants Degree.In recent years,some large cases of monopoly agreements in China have made people realize the harm of monopoly behavior,and think that criminal responsibility should be stipulated and punishment should be increased.Therefore,the application basis of the system of forgiveness after the monopoly agreement is criminalized has changed.How should the system of criminal liability forgiveness be applied? Can it be the same as the forgiveness of administrative responsibility? This paper discusses the application of the system of forgiveness on the premise that the monopoly agreement is guilty.This paper mainly uses literature analysis,economic analysis,comparative analysis and other research methods,according to put forward problems,analyze problems,solve the logic of problems,analyze the current situation of China's anti-monopoly law forgiveness system,and put forward some suggestions to improve China's anti-monopoly law forgiveness system.This paper includes six parts: the first part is an introduction,mainly introduces the background,research methods,research innovation and lack of research;the second part is a basic introduction to theanti-monopoly law forgiveness system;the third part puts forward some problems in the application of the anti-monopoly law forgiveness system after the crime of monopoly behavior;the fourth part introduces the foreign anti-monopoly forgiveness system,which provides experience for the improvement of the anti-monopoly law forgiveness system in the United States,the European Union and Japan.On the basis of drawing lessons from the mature system abroad,this paper puts forward some legal suggestions to perfect the system of anti-monopoly law forgiveness in our country;the sixth part is the conclusion.