| Market economy countries all regard monopoly agreement as a kind of behavior seriously endangering economy.Monopoly agreement limits competition by increasing price and limiting output,which destroys the fair market competition order,and eventually leads to the low efficiency of market economy operation and even slows down.In order to eliminate the negative effects of monopoly agreements,an anti-monopoly law forgiveness system originated from the United States has been designed and has been followed by other countries.The system of forgiveness has been proved to play an important role in the discovery and investigation of monopoly agreements,mainly in improving the law enforcement ability and efficiency of anti-monopoly agencies,maintaining the normal order of market competition,and protecting the legitimate behaviors and interests of market subjects.China’s anti-monopoly law,which was formally implemented on August 1,2008,also stipulates the forgiveness system.Forgiveness system plays an important role in maintaining the stability of China’s market economic order.However,because most of the provisions of this system are foreign products,and the legal system starts relatively late,compared with other countries represented by the United States,China’s forgiveness system does not show its own characteristics obviously.Its predictability and operability in operation are weak,and it has not been applicable The development of China’s market economy and the process of internationalization need to be reformed and improved.In this paper,the goal is to improve the forgiveness system of China’s anti-monopoly law,starting from the basic problems of the system,combined with the relevant theoretical and practical problems of the system,especially the problems in practice.There are four parts in the main content of this paper: the first part introduces the connotation and appearance of the antitrust forgiveness system,discusses the significance of the implementation of the antitrust forgiveness system,and discusses the applicable conditions,monopoly forms and responsibility types of the antitrust forgiveness system in terms of the scope of application;the second part analyzes the problems existing in the operation of the antitrust forgiveness system in China The third part studies the forgiveness system of other countries,mainly discusses the specific rules of the forgiveness system of the United States and Japan,and compares the forgiveness system of the United States and Japan with that of China.Although the forgiveness system of China’s anti-monopoly law has its own shortcomings,but the trend of internationalization is obvious.In the fourth part,through analyzing and summarizing the defects and problems of the forgiveness system in China,based on the experience of foreign countries,it puts forward specific suggestions to improve the forgiveness system of China’s Anti-monopoly law.The current legislation of China’s antitrust forgiveness system has vague provisions on the subject and conditions of application,so it needs to strengthen the specificity and clarity of legal norms;it needs to clarify the specific legal basis in terms of reasonable forgiveness of differential treatment,forgiveness of confidentiality system,etc.;in terms of the exercise of law enforcement power,it should focus on limiting the discretionary space of the antitrust forgiveness system and monopoly behavior The punishment procedure should be clear.The author thinks that to perfect the forgiveness system in China,we must give full play to the law enforcement function of law enforcement departments,and explore the rationality and legitimacy basis of law enforcement in anti-monopoly law enforcement agencies and realize it in practice;in addition,we should increase the investigation of legal responsibility for monopoly behavior. |
