Theoretical Proof And System Costruction Of Anti-Monopoly Public Interest Litigation

In response to the continuous development of the market economy,various kinds of monopoly violations have emerged,which greatly distorted the fair and orderly market competition mechanism,and caused serious damage to the national interests and social public interests.In this regard,China's anti-monopoly legal system does not provide effective countermeasures: the anti-monopoly law only provides the substantive legal basis for the regulation of monopoly violations,but does not mention the independent relief procedures for the damaged rights;the judicial interpretation of monopoly disputes only concerns the anti-monopoly private interest litigation system,and the relevant rules are simple and crude;Article 55 of the civil procedure law is regarded as China's public interest litigation system However,due to its limited scope of application in the two fields of environmental protection and consumer rights and interests protection,and the "organs and related organizations prescribed by law" have not been accurately clarified and detailed,the public interest litigation system often encounters application obstacles in judicial practice.On the contrary,China still relies on the private litigation mechanism and public enforcement mechanism to pursue and punish the illegal monopoly behaviors.However,due to the characteristics of divergent,group and public harm of monopoly damage,the traditional enforcement mechanism can not achieve the goal of building a good competition environment,maintaining a fair competition order and protecting the public interest And so on.In this context,in order to better implement the anti-monopoly law,it has become a new way to explore and study the anti-monopoly public interest litigation,which is a social implementation mechanism in accordance with the special attribute of monopoly damage.Taking the United States,Japan,Germany and other countries with more developed anti-monopoly legal system as a reference,all of them have designed a unique anti-monopoly public interest litigation mode based on their own legal tradition and specific social situation,and made breakthroughs in many aspects such as subject qualification,evidence system and litigation incentives.Therefore,in the future,in the specific construction of anti-monopoly public interest litigation system in China,on the basis of reasonable reference to foreign advanced experience,it is also necessary to root in the local actual situation,and continue to break the application barriers of traditional implementation mechanism in the field of anti-monopoly to achieve the effective implementation of anti-monopoly law.