The Research Of Punitive Compensation In The Anti-monopoly Law Of China

The liability for Damage Compensation almost refers to the Civil Liability, following the "Filling the Rule". But with the development of the economic society, the liability for Damage Compensation is gradually breakthrough "Filling the Rule" and filters into other department laws. The appearance of Punitive Compensation liability is an important change in Damage Compensation. The Punitive Compensation liability deepens the function of Damage Compensation liability. Punitive Compensation liability, with a strong attribute of economic laws coincides with the law of Anti-monopoly in the pursuit of value.especially in today’s risk society. Large-scale tort phenomenon is getting more and more commom, and in the area of Anti-monopoly, there should be ample scope for Punitive Damage. Actually, many countries have put Punitive Compensation into the anti-monopoly behavior. And it works well. We must analysis the status of economic constitution and economic development carefully As for China’ economic, during the period of transformation, the main contradiction is Administration Monopoly. However, to solve this problem, each department must work together and Anti-monopoly also needs to play a role in it. The Punitive Compensation not only adapts to economic monopoly, but also to Administration Monopoly. We should be serious about the design for Punitive Compensation instead of the same standards. Not only should the managers share the power of claiming for punitive compensation. But also the consumers and the indirect purchasers should have this power. However, the potential entrants’plaintiff qualification into a market should be removed. In lawsuit procedure, the burden of proof on the plaintiff can be exempted, or transporting it into the defendant. Furthermore, using the result of public enforcement and the discretion of court law to lighten the liability of the plaintiff is also an effective way.