日本反垄断法私人实施制度及其对中国的启示

Private Implementation System of Japanese Antimonopoly Law and Its Enlightenment for China

反垄断法私人实施是法律实施的具体延伸和专业发展。日本反垄断法私人实施的立法与实践历经了逐步完善的发展过程,其具体内容表征了鲜明的日本国法律特征。日本私人主体实施反垄断法的权责义务进一步明确、竞争政策目标确实得以维护、实施效率逐步得以提升,其对中国反垄断法私人实施制度的完善提供了重要启示。

The Private implementation of antimonopoly law is a specific extension and professional development of legal implementation. The legislation and practice of the private implementation of Japanese anti-monopoly law has gone through the development process of a gradual improvement, while its specific contents has characterized by distinctive features of Japanese law. The responsibilities and obliga- tions have been clarified further for private body implementation of Japanese anti-monopoly law, the target of competition policy has been maintained, and the operational efficiency has been improved step by step, all of these provided an important inspiration in improving private implementation system of our anti-monopoly law.