Study Of The Plaintiff’s Qualifications Of The Antitrust Civil Action

The plaintiff’s qualifications of the antitrust civil action are not only crucial to the effective connection of civil procedures and substantive research,but also an important prerequisite for the private powers to promote the implementation of the antitrust law.However,the explicit rules and norms for determining the plaintiff’s qualifications have been inadequate in China,which makes the privates reluctant to pursue the antitrust civil remedies.The system of the antitrust civil action has been established in legislation of our country,which provides legislative support for the subjects who are trespassed by monopoly and claim for civil remedies.In defining the plaintiff’s qualifications,the relevant provisions of the Civil Procedural Law of China are allowed to use.However,if the plaintiff’s qualifications of the antitrust civil action merely take the direct interests with the case as a norm,just as what is prescribed in the Civil Procedural Law,there would be some problems,such as the narrow scope of the plaintiff’s qualifications,the unclear category of the subjects,the ambiguous standards of judgment,etc,which would make the system of the antitrust civil action develop slowly.Therefore,it is necessary to establish the corresponding supporting mechanism for defining the scope of the plaintiff’s qualifications,restructuring the subject category of the plaintiffs,regulating the standards for judging the plaintiff,making the rules for determining the plaintiff’s qualifications in the passing-on mode and setting up the class action,etc.In all,the study of the standing of the antitrust civil action is helpful to stimulate the positivity of the private enforcement of antitrust,make the antitrust law maintain the just and free order for competition better,and guarantee the rights and interests of the consumers better.Meanwhile,it can enrich the relevant mechanisms of civil action in our country.