反垄断民事诉讼中行政与司法机关的协调-湖南农业大学学报.PDFVIP

14 5 ( ) Vol14 No5 2013 10 Journal of Hunan Agricultural University (Social Sciences) Oct 2013 反垄断民事诉讼中行政与司法机关的协调 —— 以“直接诉讼”和“后继诉讼”为视角 谷 盼 ( 430072) 摘 要 关 键 词 中图分类号D920.4 文献标志码：A 文章编号：1009-2013(2013)05-0090-07 Coordination between the administrative and the judiciary organization in the anti-monopoly civil litigation: From the perspective of direct litigation and subsequent litigation GU Pan (School of Law, Wuhan University, Wuhan 430072, China) Abstract: According to the regulation of Anti-monopoly law in our country, there are only monopoly agreements and abuse of market dominant position could be brought a civil action which could be chosen from direct litigation and subsequent litigation. Beyond that, combine of operators and administrative monopoly cannot be filed a civil lawsuit directly as a result of the limitation of legal conditions. In the lawsuit brought after the anti-monopoly administrative enforcement, the judicial organs shall accept and respect the administrative results. But for the direct anti-monopoly civil litigation, on one hand, if the administrative authority determines that the operator does not constitute a monopoly, the parties disagree with that and appealed directly to the peoples court, the judiciary should not accept it. On the other hand, if the parties filed a lawsuit without administrative enforcement, the judicial organs shall set up information disclosure system