The Law Enforcement Research Of Leniency Program In Anti-monopoly Law

In order to improve the efficiency of investigation and prosecution of monopoly agreements,the Anti-Monopoly Law promulgated by China in 2007 borrowed the methods and experience of investigating and prosecuting monopoly agreements abroad,and formally stipulated the forgiveness system in Article 46,paragraph 2,which resolved the law enforcement agencies.The dilemma of obtaining evidence is difficult.The establishment of the forgiveness system has made up for the lack of monopoly agreement solutions in China,and played an important role in anti-monopoly practice.However,it is undeniable that our country ’s legal provisions on the forgiveness system are too general and make anti-monopoly law enforcement agencies unable to deal with it.Based on the introduction of the theory of forgiveness system and the summary of the implementation of the system by law enforcement agencies,there are still many problems in the implementation of the forgiveness system in China’s legal system.For example,the lighter punishment of the monopoly agreement makes the forgiveness system attractive to agreement participants Insufficient,excessive discretionary space for forgiveness treatment affects the enthusiasm of operators to apply,lack of international cooperation in case investigation,etc.In comparison,the implementation of the forgiveness system in their antitrust laws in the United States,the European Union,Japan and other countries is more successful,such as the United States The personal forgiveness system pioneered in the forgiveness system,civil liability and gradient forgiveness treatment in the European Union and Japan forgiveness systems,and dedicated law enforcement agencies have played a significant role in the fight against monopoly agreements.Learn from the experience of foreign forgiveness system development and improvement process and practical operation,learn excellent experience,increase the application of the forgiveness system subject,strengthen the severity of punishment,improve the international exchanges and cooperation of China’s antitrust law enforcement agencies,increase domestic antitrust law popularization and other aspects To solve the specific problems in the implementation of the forgiveness system of China’s anti-monopoly law enforcement agencies.