Private Enforcement Of Anti Monopoly Law

Monopoly is an ancient concept, under the system of market economy, monopoly hinder the healthy ofcompetition in the market, impeded the economic development.Therefore, all countries on the basis of theirestablishment of antitrust law, in order to achieve the purpose of maintaining the normal development ofthe market economy.Anti monopoly law has an important influence and role in the economy of a country orregion.Based on the implementation of anti-monopoly law enforcement main body can be divided intoprivate and public enforcement of two different models.The public execution is that many countries andregions of anti-monopoly law enforcement main mode of traditional.But with the change of economicenvironment and people’s legal awareness, importance of private enforcement of anti monopoly law isbecoming increasingly prominent, has received more and more attention and concern.The concept for theprivate enforcement of anti monopoly law scholars in our country have different views, all makesense.Private enforcement of antitrust law and civil litigation ordinary common also exist greatdifference.There is a profound economic background of its origin and development, is the inevitableproduct of the market economy.Private enforcement of antitrust law has unique advantages compared withcommon execution, but also has some disadvantages need to continue to perfect system to be overcome.China’s antitrust private enforcement provisions are "anti monopoly law" and "the Supreme People’sCourt on the trial of cases of civil disputes law application problems caused by monopoly.".China haschosen the direct execution mode in the private enforcement of anti monopoly law of the model, and thesubsequent execution and implementation independence have provisions.Litigation is still can be said to bethe only way the private enforcement of anti monopoly law of our country.My country by the determinationof the subject is to the detriment of standard.The main object of private enforcement: monopoly agreements,abuse of dominant market position, concentration of business operators.China’s law on the privateenforcement of anti monopoly law has defined three kinds of relief methods: the cessation of theinfringement, compensation for the loss of second kinds, contract or articles of association.About the rulesof evidence, although our law has eased the burden of proof in private plaintiffs, but from both sides of thepower measure, the burden of proof the plaintiff’s still too heavy, should further reduce the plaintiff’s burden of proof.Although our law provisions of the private enforcement of anti monopoly law isincreasingly perfect, but the implementation status of the private enforcement is not optimistic.Caused byChina’s antitrust private enforcement backward reasons are various reasons which are the market systemand legal environment, traditional culture and other factors in china.This China should learn advancedforeign legal systems such as three times the compensation system, evidence system, the system of grouplitigation, mediation system, combined with China’s specific national conditions to improve the privateenforcement of anti monopoly law system, make it play its due role.