中国反垄断民事诉讼制度的回顾与展望

Retrospection and Prospect on Antimonopoly Civil Action System in China

反垄断民事诉讼制度的首要问题是,如何在民事诉讼与行政执法之间寻求衡平。法院采取积极进取的态度,秉持谦抑务实的理念,确立了反垄断民事诉讼的基本规则,并以保障法律统一适用为重点,以个案裁判为主要载体逐步充实反垄断民事诉讼制度。法院更倾向于扩展适格当事人的范围,更重视制止垄断行为,补偿受害人的实际损失。反垄断成文法与判例法将在反垄断法实施过程中得以融合。

The key issue on antimonopoly civil action system is the equity between civil action and administrative enforcement in antimonopoly law. The fundamental norms of antimonopoly civil action system have been established by the positive and tolerant courts in China, and the improvement of such norms will be promoted under the strategy which is focused on the unification through case by case analysis. Currently, Courts prefer to extend the scope of justified plaintiffs and defendants, and emphasize to deter the illegal action and to offer compensation to injured parties. The coherence between positive law and case law will be realized through the enforcement of antimonopoly law.