反垄断法私人执行制度分析-经济法学专业论文.docxVIP

RESEARCH ON THE PRIVATE-ENFORCEMENT SYSTEM OF ANTITRUST LAW ABSTRACT August 1，2008，Anti-monopoly Law of The Peoples Republic of China was formally promulgated and implemented, which marks that Chinas legal system finally have a special code to regulate the monopoly behavior that restricts the competition on the exclusion of its rival .However ，Anti-monopoly law has been implemented for three years，on the whole，the implementation effect of theeconomic constitution bill is not good as the great expectations by people. It neither touch the monopoly interests such as Chinas oil corporation,China telecom,China petrochemical corp,etc, who domestic public opinion had turned against their monopoly ,nor has the provision to entitle the Citizens, business entities such as private enforcement subject to institute legal proceedings of antitrust administrative or civil action ,let alone the terms and conditions that the plaintiff has won the lawsuit。 Today ,with the increasing development of the market-oriented economy， It is particularly important to safeguard the order of the fair competition ，the legitimate rights and interests of both consumers and the Social Public Interests. Antitrust law execution was an indispensable part to match the private antitrust law ，which is he beneficial supplement to public enforcement ， perfectof the antimonopoly law . It is the important measure that pefects the Private enforcement related system to promote the effective implementation of the anti-monopoly law. This paper first analyzes the concept and functions of Private enforcement, the relationship of Private enforcement and public enforcement ，which to establish a theoretical foundation for the full text；Then it analyzes the antitrust law enforcement system related provisions on the private enforcement of the U.S、Japan、the European Union and other major developed countries ； and Pointes out that it is lack of effective proceduring on anti