Administrative Responsibility Of Anti-monopoly

The principle of monopoly loss,which is given birth in the subject of economics of law,serves in the attribution analysis of various liability for monopoly violation.In China,the monopoly loss is majorly remedied by the anti-monopoly administrative institution through the imposition of fines and confiscation.The institution shall take into consideration not only the transfer of consumer welfare and the deadweight loss of social welfare,but also the realization of social welfare maximization under the guidance of the principle of monopoly loss.At the level of law enforcement,the too low amount of fines imposed by the authority and the unreasonable basis amount all make the deterrence insufficient.At the legislative level,insufficient restraints in deterrent factors,the manner of taking operators as a simple production function and the phenomenon of ignoring the two sides of promoting competition effect all hinder the market competition.The serious fact that the amount of civil or private anti-monopoly lawsuits and the winning rate are extremely small in China while very few consumer suffered from monopolistic acts seek remedy in follow-up lawsuits,resulting in many illegal enterprises being punished too lightly and a weak deterrence in legal enforcement.Based on the principle of monopoly loss,this paper analyzes the target positioning and penalty effect of fines and confiscation of illegal income and the theoretical necessity of implementing them concurrently.