我国反垄断法私人执行制度探讨——以我国的授权环境为视角

A Study of Private Enforcement System of Chinese Anti-Monopoly Law from a Perspective of Authorization Environment

《反垄断法》实施已经5年多以来,我国反垄断法的公共执行已经取得了较大的发展,而与之相对的却是私人执行制度却十分薄弱。综观世界反垄断法的实施,大多采取公共执行与私人执行相结合的执行策略,这是因为私人执行不但有其本身的制度价值和执行优势,而且还能弥补公共执行的缺陷,二者能够相得益彰。鉴于欧美国家的私人执行制度较为发达,我国在构建私人执行制度时,应在我国现有的授权环境之下,借鉴欧美国家的先进立法经营,对私人执行制度的核心问题,如多倍赔偿制度、专业审判法庭、私人诉讼原告资格限定及证据制度,进行适当的探讨。

China＇s Anti-monopoly Law has been carried for over five years. The public enforcement of the law has made comparative striking development. Opposite to it is the private enforcement system which is quite weak. The enforcement of the monopoly laws of the world is mostly the combination of the two. This is because the private one not only has its system value and enforcement advantage, but also can make up the weakness of the public one. The two can complement each other. Due to the developed private enforcement system of the European countries and America, we should take their advanced en- forcement system for reference, and have a proper study of the core issues in the current authorization environment, like e- nough compensation, professional courts, the system of confining the qualification of the private as the prosecutor, and the proof system when we construct such system.