论文部分内容阅读
在我国当前的国情之下,随着我国经济体制改革不断持续纵深,反垄断执法作为社会主义市场经济的巨大推力,其社会效益也愈发凸显。司法审查作为反垄断法的监督救济机制,是反垄断过程的最后一道防线,在反垄断法法律体系中占据重要位置。反垄断法极具弹性,反垄断法机构拥有巨大的自由裁量权,并因其专业性强,经济分析应用广泛,对司法审查的要求也相应提高。在当前的反垄断语境之下,在对反垄断司法审查的实践现状来分析,司法实践机制仍不十分成熟,在反垄断执法不足十年的进程中,司法审查案例较为匮乏,公众对反垄断司法审查的认可度未达到满意水平,反垄断执法司法审查制度仍存在一系列的亟待解决的问题,针对此种情况,本文将就反垄断执法司法审查的一系列进行论述剖析,根据我国反垄断执法的司法实践进行反思和讨论,以期提出合理化建议。
Under the current national conditions in our country, with the constant and continuous deepening of China’s economic restructuring, antitrust law enforcement, as a huge thrust of the socialist market economy, has also become increasingly prominent in social benefits. As the supervisory relief mechanism of antitrust law, judicial review is the last line of defense of the antitrust process and occupies an important place in the antitrust legal system. Antitrust law is very flexible, antitrust law has a huge discretionary power, and because of its professionalism, economic analysis is widely used, the requirements of judicial review also increased accordingly. Under the current context of antitrust, based on the analysis of the status quo of the practice of antitrust judicial review, the judicial practice mechanism is still not very mature. In the process of less than 10 years of antitrust enforcement, the judicial review cases are rather scarce, Monopoly judicial review of the degree of recognition did not reach the level of satisfaction, antitrust law enforcement judicial review system there are still a series of problems to be solved, in view of this situation, this article will review the antitrust law enforcement judicial review of a series of analysis, according to our anti- Monopolize the judicial practice of law enforcement for reflection and discussion, with a view to putting forward rational proposals.