Research On The Rules Of The Proceedings Of Leniency In Anti-monopoly

With the rapid development of Leniency in practice in recent years,China has to face the problem of Leniency implementation,and we need the procedural support in law.For the influence of traditional thinking on legislation,China tends to value subject more than procedures.Neither academia nor practical circle,there is no thorough analysis for rules of procedures of Leniency proceedings.The design of current application proceedings of Leniency is some coarse,and there are still many blank areas in rules of the proceedings of Leniency.Lack of perfect rules of procedures is a great obstacle to the function of Leniency in China to some extent.By studying the experience of the foreign country,this thesis discusses how to perfect the rules of the proceedings of Leniency based on the latest legislation dynamic.This thesis falls into four chapters.The first chapter introduces the concept and value orientation of the proceedings of Leniency,which contains three elements at least,including participation,neutrality and timeliness from the view of the procedure justice.The second chapter analyzes some concrete systems in the proceedings of Leniency abroad,the advance communication,makers,formal application,the registration policy and the censorship,the confidentiality policy included,and makes a brief on the operation of these systems.The third chapter summarizes the problems existing by studying the-present conditions of the legislation and law enforcement of the proceedings of Leniency in our country,such as lack of application channels for the applicant,less protected procedural participation,imperfect rules of information disclosure,uneconomical enforcement,lack of the confidentiality policy and lack of research on the rules of the proceedings of Leniency.These problems about the rules of the proceedings of Leniency need to be settled quickly.The fourth chapter probes in the general requirements observed when we perfect the rules of the proceedings of Leniency.Basing the latest legislation dynamic,this chapter discusses the specific suggestions to perfect the rules of the proceedings of Leniency for running smoothly early.It’s time to raise education and awareness on the Proceedings of Leniency,making the advance communication,establishing the makers,setting up the formal application,making clear the registration policy and the censorship,and founding the comfidentiality policy.