反垄断民事诉讼当事人适格研究——以反垄断损害赔偿诉讼为重心诉讼法学专业论文.docxVIP

Abstract Since the enforcement of Chinas Anti-monopoly Law on August 1, 2008, the civil cases of anti-monopoly pour into the court and actively promote the implementation of anti-monopoly .However, lost of problems appear during the judicial practice and on of which is the problem about the Qualification for the Proper Party. Proper Party is the basic theory of the Civil Procedure Law and it aims to deal with the problem that between which two parties to solve the disputes is most appropriate and meaningful. It was not only meaningless to settle the disputes but also a waste of the judicial resource if the disputes are not solved between the qualified proper parties, so it is critical for civil procedure to establish the proper party. While the establishment of qualified proper party in civil lawsuit of anti-monopoly is very complicated as : 1. The range of parties damaged due to the monopoly violations is wide, it contains different levels of victims such as proprietor, middleman and consumer, etc. 2. The establishment of qualified proper party in civil lawsuit of anti-monopoly requires the consideration not only from the perspective of civil procedural law, but also from the perspective of comprehensive based on the combination of policy target of legislation and enforcement and the need of social reality. So this thesis studies the issue of proper party from classification analysis of civil lawsuit of anti-monopoly. The first part of this thesis mostly summarize the civil lawsuit of anti-monopoly. Firstly it introduces the generation of civil lawsuit of anti-monopoly. Monopoly violations not only disrupt the normal order of competition, but also damage other participants in the market economic such as proprietors and consumers. So how to achieve relief for victims, the answer is to lodge the civil lawsuit of anti-monopoly. Secondly it analyzes necessity of the civil lawsuit of anti-monopoly through the analysis of its two function: 1. Compensation and Prevention