反垄断法宽恕制度研究
发布时间：2018-08-07 17:38
【摘要】：各国反垄断机构均将垄断协议视为一种严重危害经济的行为。垄断协议通过提高价格、限定产量的方式限制竞争,从而最终导致资源利用的低效率。为了消除垄断协议的消极影响,反垄断机构设计出了宽恕制度。中国在2007年出台了《反垄断法》并首次规定了宽恕制度,在反垄断方面发挥了重要作用,但不能否认的是,相比于世界其他国家,我国的宽恕制度显得僵硬、粗糙和落后,已经不能适用我国市场经济的发展和国际化的进程,需要进行改革和完善。第一,本文通过法理分析论证了宽恕制度符合公平正义原则和诚实信用原则,并通过成本收益分析得出宽恕制度可以诱发垄断协议参与者内心恐惧来使垄断协议暴露,是一种有效的激励机制;第二,本文研究了其他国家的的宽恕制度,主要搜集并精炼了美国和欧盟的宽恕制度具体规则,如一般程序、个人宽恕制度和超宽恕制度,以及美国特有的"胡萝卜加大棒"措施和欧盟特有的"ECN"模式,最后将美国和欧盟的宽恕制度进行详细对比,并介绍了宽恕制度的国际化趋势;第三,通过以上的分析和总结发现我国宽恕制度存在的缺陷,立法中程序性事项缺失,实体事项规定不明确;执法中惩罚缺乏力度导致宽恕制度缺乏吸引力,多元执法机构降低了宽恕制度的实施效率;缺乏国际合作和必要的普及教育使得宽恕制度的实施环境欠佳。最后,在借鉴域外经验的基础上,建议我国完善宽恕制度实施的程序条件和实体条件,引入标记制度,允许口头申请宽恕,明确宽恕.制度的适用主体和时间范围、明确宽恕申请者的差别化待遇;加强处罚的严厉性、建立统一的执法机构;加强我国宽恕制度的国际交流与合作以及对宽恕制度的普及教育,构建宽恕制度有效实施的外部环境。
[Abstract]:The antitrust agencies of all countries regard monopoly agreement as a kind of serious harm to the economy. Monopoly agreements limit competition by raising prices and limiting output, which ultimately leads to inefficient use of resources. In order to eliminate the negative effects of monopoly agreements, antitrust agencies designed a leniency system. China issued the Anti-monopoly Law in 2007 and stipulated forgiving system for the first time, which has played an important role in antitrust, but it can not be denied that compared with other countries in the world, China's forgiveness system is rigid, rough and backward. Can not apply to the development of China's market economy and the process of internationalization, need to reform and improve. First, this paper demonstrates that the leniency system conforms to the principle of fairness and justice and the principle of good faith through legal analysis, and through cost-benefit analysis, the author concludes that the leniency system can induce the inner fear of the participants in the monopoly agreement and expose the monopoly agreement. Second, this paper studies the forgiving systems of other countries, mainly collecting and refining the specific rules of the United States and the European Union, such as the general procedure, the personal leniency system and the super-leniency system. Finally, it compares the forgiveness system between the United States and the European Union in detail, and introduces the internationalization trend of the forgiveness system. Through the above analysis and summary, we find that there are defects in the leniency system in our country, the procedural matters in the legislation are missing, the provisions of substantive matters are not clear, and the lack of punishment in law enforcement leads to the lack of attraction of the leniency system. Multiple law enforcement agencies reduce the efficiency of the leniency system, and the lack of international cooperation and the necessary universal education make the enforcement environment of leniency system poor. Finally, on the basis of the experience of foreign countries, it is suggested that our country should perfect the procedural and substantive conditions for the implementation of the leniency system, introduce the marking system, allow oral application for forgiveness, and make clear the forgiveness. The main body of application and time frame of the system, to make clear the differential treatment of lenient applicants, to strengthen the severity of punishment, to establish a unified law enforcement agency, to strengthen the international exchange and cooperation of the leniency system of our country and to popularize the education of leniency system. To construct the external environment for the effective implementation of the leniency system.
【学位授予单位】：天津工业大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.294
[Abstract]:The antitrust agencies of all countries regard monopoly agreement as a kind of serious harm to the economy. Monopoly agreements limit competition by raising prices and limiting output, which ultimately leads to inefficient use of resources. In order to eliminate the negative effects of monopoly agreements, antitrust agencies designed a leniency system. China issued the Anti-monopoly Law in 2007 and stipulated forgiving system for the first time, which has played an important role in antitrust, but it can not be denied that compared with other countries in the world, China's forgiveness system is rigid, rough and backward. Can not apply to the development of China's market economy and the process of internationalization, need to reform and improve. First, this paper demonstrates that the leniency system conforms to the principle of fairness and justice and the principle of good faith through legal analysis, and through cost-benefit analysis, the author concludes that the leniency system can induce the inner fear of the participants in the monopoly agreement and expose the monopoly agreement. Second, this paper studies the forgiving systems of other countries, mainly collecting and refining the specific rules of the United States and the European Union, such as the general procedure, the personal leniency system and the super-leniency system. Finally, it compares the forgiveness system between the United States and the European Union in detail, and introduces the internationalization trend of the forgiveness system. Through the above analysis and summary, we find that there are defects in the leniency system in our country, the procedural matters in the legislation are missing, the provisions of substantive matters are not clear, and the lack of punishment in law enforcement leads to the lack of attraction of the leniency system. Multiple law enforcement agencies reduce the efficiency of the leniency system, and the lack of international cooperation and the necessary universal education make the enforcement environment of leniency system poor. Finally, on the basis of the experience of foreign countries, it is suggested that our country should perfect the procedural and substantive conditions for the implementation of the leniency system, introduce the marking system, allow oral application for forgiveness, and make clear the forgiveness. The main body of application and time frame of the system, to make clear the differential treatment of lenient applicants, to strengthen the severity of punishment, to establish a unified law enforcement agency, to strengthen the international exchange and cooperation of the leniency system of our country and to popularize the education of leniency system. To construct the external environment for the effective implementation of the leniency system.
【学位授予单位】：天津工业大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.294
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相关期刊论文 前10条
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