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Liu Luyang:Research on the Civil Public Interest Litigation System of Anti Monopoly Prosecutors

时间:2024年03月19日       作者:        来源:

The anti-monopoly civil lawsuit filed by the procuratorial organs refers to the civil lawsuit brought by the prosecutor to the court to protect the public interest when the operator engages in monopolistic behavior that damages the social public interest. In order to propose suggestions for improving this system, it is necessary to first clarify the characteristics and purposes of prosecutors initiating antitrust civil litigation. There are two problems in the operation of China's procuratorial civil public interest litigation system. The scope of procuratorial civil public interest litigation is narrow and cannot meet the needs of social development; The practice of procuratorial civil public interest litigation has encountered bottlenecks, and the institutional functions have not been fully demonstrated. Anti monopoly public interest litigation is necessary to combat monopolistic behavior, compensate for the limitations of private interest litigation, and ensure the effectiveness of anti-monopoly implementation mechanisms. The specific application of anti-monopoly public interest litigation initiated by the procuratorial organs is reflected in the following aspects: the investigation power of anti-monopoly prosecution, the basis for setting up the pre procedure of anti-monopoly public interest litigation, and the proposal of enterprise anti-monopoly self compliance.