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宽恕制度被人们称之为“卡特尔发动机”。对于提高司法效率,尽快发现卡特尔行为并予以制止等方面具有非常大的作用。在我国《反垄断法》中也规定了宽恕制度,但是在我国的法条中对宽恕制度的规定过于模糊,对具体的实施标准规定不够完善,在实践中存在很多问题。这对我国《反垄断法》的宽恕制度的充分实施产生了不利影响。本文将通过对我国宽恕制度的现状进行分析,在宽恕制度的规定和实践进行审视的基础上提出相关的问题和实施困境。进而提出完善我国宽恕制度的若干建议。
Forgiveness system is known as “cartel engine ”. It is very important for improving judicial efficiency, discovering the cartel as soon as possible and putting an end to it. The system of forgiveness is also stipulated in China’s Anti-Monopoly Law. However, the provisions of the system of forgiveness in our law are too vague and the specific standards for implementation are not perfect enough. In practice, there are many problems. This has adversely affected the full implementation of the forgiveness system of China’s “Anti-Monopoly Law.” This article will analyze the status quo of our country’s leniency system and put forward some relevant problems and implementation dilemmas based on the review of the rules and practice of leniency system. And then put forward some suggestions to perfect the system of forgiveness in our country.