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On the System of Antitrust Civil Litigation in China

Author: LiuZuoZuo
Tutor: LiShengLi
School: Anhui University
Course: Legal
Keywords: Antimonopoly law Civil litigation Public enforcement Private enforcement
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 201
Quote: 0
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Abstract


Since "AML" came into force on August 1,2008, it has attracted widespread attention, and a large number of antitrust cases of great social influence are covered in the major media. As a basic law of maintaining the market economic system, AML can grantee the orderly competition market and ensure kinds of economy mainstay healthily develop in market competition. AML is more complicated and more professional than the economic law, in dealing with monopoly agreements, abuse of dominant position, concentration of business operators and administrative monopoly problems. Antitrust Civil Litigation is also a special litigation, different from usual civil action and administrative action. Civil antitrust violations against the monopoly is a special kind of infringements, and now it also has abilities of anti-monopoly civil compensation, penalty function and prevention capabilities in China. Therefore, the implementation of civil anti-trust can not only make up for the inadequacies of the public to implement, but also further promote the effective implementation of anti-monopoly law.Antitrust law is both a process is also a substantive law. However, the matching of antitrust litigation system is very simple, basically the issue of jurisdiction of the proceedings, the original defendant, the main issue, the burden of proof, the relevant provisions of the administrative front did not give clear provisions.All procedural requirements the provisions in the antitrust laws reflect only the terms in a simple one, this with the entire international situation and the purpose of antitrust laws is established by discord, and it is not conducive to the development of antitrust litigation environment. Based on the anti-monopoly status and the lack of civil litigation, so this whole process starting from the proceedings, the civil antitrust practice of many of the problems one by one in the list, from the perspective of legislation and practice, the United States, European Union, Japan antitrust fairly complete national and regional civil anti-trust (or antitrust private enforcement) related to the practice of the system studied, with particular focus on U.S., EU and Japan, such as the development trend of the subject of proceedings, burden of proof responsibility, liability, evidence and other related systems and administrative litigation front. Comparison of the above combined with the development of civil anti-trust status, learn about the monopoly of our country at this stage is not the free market economy, led to the monopoly of full development, but also long-standing under the planned economic system inertia generated by administrative monopolies. As the final judge of our effective response to the trial court area of the new problems, to maximize the effectiveness of anti-monopoly law as an economic constitution, security and orderly market competition, increase judicial efficiency closed antitrust cases, the cost saving resources more conducive to justice.In the developed countries and international comparison antitrust civil practice, combined with China’s current situation to the system of civil anti-trust issues in several controversial ideas put forward some settings:the antitrust case in China court of competent jurisdiction to recommend a higher level by the trial Intermediate People’s Court jurisdiction; set in the main parties on the proposed relaxation of restrictions on the subject of proceedings in order to encourage more participation in, and proposed to improve the public interest litigation; the parties to the design of the allocation of the burden of proof should be more inclined to vulnerable groups; the same time in the development of liability for damages on the proposal to develop according to double compensation.

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