Research On The Procedural Right Of Anti-monopoly

The procedural right of anti-monopoly is the right owned by those subject, including the government units, social organizations and individual citizens, to appeal for the country’s justice judgement in case of the illegal behavior---monopoly, happened in market economic activities, while each participant’s private interests or even the common interests concerned the whole society may suffer or have suffered the damages or influences. By means of theoretical explanations to the procedural right of anti-monopoly, this paper uses historical analysis, comparative analysis and empirical analysis to explain the present situation and problems existed of our country’s procedural right of anti-monopoly. by combining the experience and lessons learned from the setting in foreign countries, this paper will give some valuable legislative suggestions for improving the procedural right of anti-monopoly in our country.This paper includes four parts, except the introduction and conclusion.The first part talks about the basic theory of the procedural right of anti-monopoly. By means of introducing the producing, development and present condition of the broad sense of the procedural right, exploring its defination, characters and senses; based on the theory of broad sense of procedural right for the anti-monopoly, this part introduces the defination, classification and the basic contents of the procedural right of anti-monopoly.The second part talks about the present situation and problems existed. Firstly, analysising the setting of civil, criminal and executive procedural right. Then, thoroughly analizing the problems found after the promulgation and implement of the anti-monopoly law, like the legal gists for the victims appealing for the judical relief is inadequate, the qualification for the victims as the appealing subject is imperfect, the lack of the damage obligor for the executive monopoly, China procedural right of Anti-monopoly causes.The third part talks about the experience and lessons in the process of setting the procedural right of anti-monopoly. By completely analizing the definations, like the treble-damage action, the precedural right and quasi-judicial jurisdiction of American executive organization, the right of the Europe Union’s anti-monopoly executive governments as to their members and the right and reconciliation system of the anti-monopoly law in other countries, this paper will offer some successful references for the construction of the anti-monopoly procedural right system.The forth part talks about the legislative suggestions and legislative reason for improving our country’s procedural right of anti-monopoly. This part analizes the main body, execution, presidial structure’s setting of the right and its related problems of civil, criminal and executive liability bearing in our country’s anti-monopoly law. Finally, it concludes some practical legislative suggestions.