Research On The Application Of Confiscation Of Illegal Gains In Anti-monopoly Law

In recent years,with the continuous development of the market economy and the modernization of the rule of law and social governance,the antitrust law is in an increasingly important position.According to the anti-monopoly law,fines and confiscation of illegal income shall be imposed in parallel in the anti-monopoly law enforcement.During the legislative process,the controversy over the nature of confiscation of illegal income has always existed,and there are various problems with confiscation of illegal income in the process of anti-monopoly law enforcement.Local law enforcement agencies use discretionary power to confiscate illegal income,the calculation of illegal income varies,and in practice because of the inability to calculate illegal income,the calculation is more difficult,more often a single fine.Based on the problems of legislation and law enforcement,this paper intends to discuss the application of confiscation of illegal income in antitrust law,analyze the samples of confiscation of illegal income in law enforcement based on theoretical elaboration,and put forward the suggestions on how to improve the illegal income in antitrust law enforcement.This paper is divided into five main parts:Part I: A brief analysis of the theory of confiscation of illegal income.After briefly discussing the development of confiscation of illegal income in China’s law and its application in extraterritoriality,it lands on the development and application of confiscation of illegal income under China’s antitrust perspective.It also organizes the controversial views of confiscated illegal income in academic circles,so as to provide theoretical support for the next empirical study.Part II: The empirical analysis of the application of confiscation of illegal income under the antitrust perspective.The 68 administrative penalty decisions involving monopoly acts published in the Department of Antimonopoly I of the State Administration of Market Regulation from 2020 to 2023 are sampled,and the analysis is made based on the sample to propose three dilemmas that the confiscation of illegal income in the sample is in under the current antitrust enforcement practice.Part III: Analysis of Confiscation of Illegal Income and Fines in the Antimonopoly Law.According to the antitrust law,the relationship between confiscated illegal income and fines in the antitrust law is explained,their functional role and purpose value are analyzed,and the necessity of retaining the system of confiscated illegal income is proposed accordingly.Part IV: Analysis of the specific application of confiscation of illegal income in the process of antitrust enforcement.It has the problems of difficulty in measuring the illegal income and inconsistent calculation of illegal income.Part V: Suggestions for improving the application of confiscated illegal income under the antitrust perspective.It is proposed to improve the calculation method,clarify the scope of application,and establish a special fund to promote the improvement of the confiscation of illegal income system.