Research On Legal Issues Of Private Execution System Of Anti-monopoly Law

The Sherman Act of the United States is recognized as the earliest antitrust law in the world.In terms of private execution system,the United States takes the lead in establishing a relatively complete system.China introduced the "Anti-Monopoly Law of the People’s Republic of China" in August 2008.The promulgation of this anti-monopoly law has played a vital role in regulating the market competition order.Later,the "Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Caused by Monopolistic Behaviors" was issued,but the law is still not perfect.The plaintiff’s subject qualification range is too narrow,the burden of proof is limited,the damage compensation mechanism is lacking,the anti-monopoly private supervision is weak,and the coordination mechanism between private execution and public execution is unbalanced.This paper defines the concept and characteristics of private enforcement system of anti-monopoly law from the basic theory,analyzes the difference between private enforcement and public enforcement,and clarifies the necessity of private enforcement system in China.By combining the actual analysis of the legislative status of China’s private enforcement system,it is found that the private enforcement system in China currently has a narrow scope of plaintiff’s subject qualification,unclear distribution of burden of proof,lack of damage compensation mechanism,weak private supervision,and public execution and private execution.Problems such as imbalances in the coordination mechanism.Through comparative analysis,the paper analyzes the legislative status and practical experience of the private enforcement system of the extraterritorial anti-monopoly law,and puts forward the perfect suggestions based on the current situation in China.The establishment of private enforcement system under China’s anti-monopoly law is not only a new symbol for the further improvement of China’s legal system,but also a new period for the continuous progress of China’s anti-monopoly law and the gradual formation of competitive culture.However,at present,there are still manyproblems in the private execution system to be further studied,which is the key point to be paid attention to in the future establishment of our country’s execution system.