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Study on China’s Judicial Mechanism of Anti-monopoly

Author: ZhouYong
Tutor: WangShaoNan；ZhangXueLiang
School: China University of Petroleum
Course: Economic Law
Keywords: Anti-monopoly law Judicial mechanism Implementation mechanism
CLC: D922.294
Type: Master's thesis
Year: 2009
Downloads: 221
Quote: 2
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Abstract


The implementation of anti-trust mechanisms are generally divided into anti-monopoly law enforcement mechanism and anti-monopoly judicial mechanism. China anti-monopoly theorists on the study of enforcement mechanisms are maturing, but study of anti-monopoly judicial mechanism has long been ignored.The deficiency of this theoretical study is reflected in the anti-monopoly practice,and is destine to be not optimistic in the implementation of the anti-monopoly law.Although the anti-monopoly law enforcement departments have reviewed on a number of suspected cases of monopoly, but the cases prosecuted to the court have not yet formally been admissibled. Needless to say, this is related to the unsound implementation mechanism of China’s anti-monopoly, in particular the lack of judicial mechanism.Therefore, the establishment of a sound anti-monopoly judicial mechanism means a great deal to the smooth implementation of our country‘s anti-monopoly law. In the first, this article expounds the basic theory of justice anti-trust mechanism, on this basis, focuses on analyzing the problems of anti-monopoly justice mechanism, such as the lack of a specific anti-monopoly bodies in court, unsound sound supporting systems of anti-monopoly civil action, uncoordinated relationship between the anti-monopoly justice and enforcement,and through a comparative perspective ,study of foreign characteristic anti-momopoly judicial mechanism ,on this basis,in the combination of China’s national conditions, proposed the rational concept of foundation of our country’s anti - monopoly judicial mechanism.

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