Discuss on the Related Problems of China's Anti-monopoly Judicature
|School||Xinjiang University of Finance and Economics|
|Keywords||anti-monopoly judicature perfection of the system|
Anti-monopoly law is often referred to as the "economic constitution" in a country. It is an important symbol of the maturity in countries’economic legislation."Chinese Anti-monopoly Law" promulgated and implemented in2008. How to play its effect requires a system of judicial application. The supreme people’s court adopted and implemented the "provisions on the trial of cases of civil law disputes caused by monopoly "in2012. This played a guiding role to the judicial application. It has important significance to protect and promote fair competition in the market. Currently, the judicial application of Chinese Anti-monopoly Law still has some problems. So we need to combine with china’s actual conditions and research the foreign anti-monopoly law and draw lessons from theirs the practical experience and to improve the judicial application of Chinese Anti-monopoly Law.The article is divided into four parts. The first part, the author introduces the theoretical summary of the anti-monopoly judicature. The main idea is the introductions of theory about monopoly and anti-monopoly law, the definition about the anti-monopoly judicature, the analysis about fundamental goal and basic requirements of the anti-monopoly judicature and the introduction about basic principle of the anti-monopoly judicature. The second part is the summary about situation of the anti-monopoly judicature of foreign anti-monopoly law. The author is mainly aimed at the some developed countries such as United States, Germany and Japan, and analyzes their anti-monopoly law in the judicial practice of application status quo and summarizes the characteristics of the three countries’ anti-monopoly judicial application. The third part is the analysis about several problems of the anti-monopoly judicature in our country including the system of judicial branch, the relevant institution of the anti-monopoly judicature and the relationship between judicial and law enforcement. The fourth part, the author puts forward a sound proposal to solve the above several problems in the anti-monopoly judicature based on comparing and drawing lessons from the foreign experience. The problems include improve the system of judicial organs, coordinate the relationship between judicial and law enforcement and to structure the damage compensation system and so on.