Study on Civil Liability System of Illegal Monopolistic Conducts
|School||Wuhan University of Technology|
|Keywords||Monopoly violations Cessation of the infringement Damages Antitrust Civil Procedure|
Civil liability civil entities for breach of civil obligations should bear the consequences of civil law , it is - kind of civil remedies , designed to make the victim was violated rights and interests to be relief . Monopoly illegal to disturb the order of the socialist market economy , to the detriment of the public interest , but also against the interests of the individual market , and therefore its market individual is a special kind of tort , the injured individual has the right to require illegal persons are subject to the anti-monopoly law on civil liability, to make their interests to get relief . Antitrust laws by providing for civil liability to the monopoly violations punishment, deterrence to prevent monopoly violations occur . This article is divided into five parts , the first part of the main speaker monopoly violations of civil liability system takes said. Anti-monopoly law on the civil liability system is not completely the same as the civil liability system in the area of ??civil law , it belongs to the category of economic law , reflects the values ??of economic law ; monopoly violations Civil Liability form part of the main speakers . The two main forms of monopoly violations of civil liability : stop the infringement and damages . The third part stresses monopoly violations constituent elements of civil liability . Mainly related to antitrust civil litigation proper plaintiff, as well as the responsibility of the constituent elements ; fourth part is about monopoly violations civil liability approach , there are mainly two : reconciliation and antitrust civil ; last part pointed out that China 's anti- monopoly monopoly violations of the provisions of the civil liability system deficiencies , and suggestions for improvement . China 's anti-monopoly law on the monopoly of the civil liability provisions of violations is too simple , you need to learn from the mature legislative experience of the United States, Japan , the European Community and other developed countries and regions on the monopoly violations of the civil liability system , while with China 's specific national conditions relative combined with the establishment of the monopoly violations civil liability system with Chinese characteristics .