从“微软”案看美国反垄断诉讼的特色（国外英文资料）.docVIP

从“微软”案看美国反垄断诉讼的特点（国外英文资料） If the law allows only the directly interested party, there are two situations may occur: one is the direct interested party for various reasons not to attend or participate in litigation, the civil liability of the offender will not be able to pursue. The courts judicial function cannot be started because the court is in a no-no-no principle, and no interested parties are charged. The result is a free flow of illegal activities. Second, even if there is a direct interested party sued, also can solve the protection of individual rights and interests of civil main body, and cant solve the problem of the protection of the social public economic interests. Therefore, the particularity of the violation of the law of the economy violates the particularity of the object, and decides that the best person to file a lawsuit against this kind of behavior is the procuratorial organ. By the procuratorial organ on behalf of the state and the social public to lift and support civil action as the basic form, of all the illegal violation of national interests and public interests of the criminal behavior, maintain law and order of the society. According to the theory of procedural law, the procuratorial organs represent individuals or organizations to participate in civil litigation, which is the value target orientation of the procedural law of fairness, efficiency and benefit. Meet the value goal of fairness. Harm social benefits by procuratorial organs prosecution of civil liability, to realize social justice as a priority, with private interests as the basis of general civil litigation is different. Such not only can achieve maximum impartiality in litigation, avoid falling into a private prosecution of revenge and the disadvantages of rampant litigation, but also can Sue and guarantee the maximum standard unification. In addition, because of the economic crime itself is not the characteristics of the economic interests of the person, determined the v