System Of Anti-monopoly Law To Forgive

This thesis comprises six parts and the main content of each chapter is as follows:Chapter one , which discusses the definition, the scope and conditions of application of leniency policy, to give a general presentation of leniency policy. The leniency policy is not applicable to fighting to all restrictive competition behavior, but only hardcore cartel. The condition of application of this policy includes four parts, the applicant's status, the time limit for leniency, termination of offense , the applicant's assistance .Chapter two is to introduce the theory and function about leniency policy. Through discussing the relationship between leniency policy and commercial tradition or moral values, the author draws a conclusion that there is no contradiction among them. The application of leniency policy have two functions, one is to reduce the cost for detecting hard cartels, the other is to deter the formation of hard cartels.Chapter three is the discussion of how to build an effective leniency policy. By researching the leniency policies from U.S ,EU and other countries, the author summarized five principles which is necessary to leniency policy. These principles include: provide enough incentive to applicant; the policy should have high predictability and transparency; provide enough protection to applicant; applicant can provide enough help to detect cartels; the Impartiality of the application of this policy. These principles can be used to build up our leniency policy.Chapter four is the review of the leniency policy of our country. Compared to U.S or EU leniency policy, the provisions of ours is not meticulous and considerate. The high generality is the prominent characteristic of our leniency policy, and it's determined by the conditions of our country. Meanwhile, there are many shortcomings in the provisions of leniency policy, these shortcomings should be amend in the future.Chapter five make a suggestion for the perfection of the leniency policy of our country. In the substantial provisions, we should give applicants leniency automatically when the conditions is fulfilled; limit the scope of application of leniency policy; make a clear definition of the applicant's obligation; improve the incentive mechanism of leniency policy;make sure the applicants undertake the civil liability for cartels. In the procedural provisions, the author considers a whole course of application of the leniency policy should consist of several stages, and makes suggestions respectively. Also, we should have an excellent enforcement agency to perform the policy efficiently.Chapter six is the conclusion of this thesis. The author suggests that there are many shortcomings in the leniency policy of our country,we should make the leniency policy more meticulous and considerate. This target can be realized by publishing detailed rules and regulations of leniency policy.