Proposals to Improve the Anti-Monopoly Public Litigation Regime in China

DOI

10.2991/978-2-38476-440-2_84How to use a DOI?

Keywords

Public Litigation; Anti-Monopoly Law; People’s Procuratorate; Public Enforcement

Abstract

The revision of the Anti-Monopoly Law marks a significant transformation in the public enforcement mechanism. This article introduces the evolution of the public interest litigation system and analyzes the necessity of civil anti-monopoly public interest litigation by the procuratorate. Although it provides a new path for public anti-monopoly enforcement, it has also raised concerns about the equality of civil litigation, excessive litigation burden, and overlapping responsibilities with administrative agencies such as the State Administration for Market Regulation. Through comparative analysis, this article points out the deficiencies of the current public interest litigation system. The article advocates for the establishment of a more coordinated enforcement hierarchy and suggests that the procuratorate should act as a supplementary force when administrative supervision is insufficient. At the same time, it is recommended to limit the procuratorate’s right to protest and exclude compensation claims from public interest litigation. This article aims to put forward practical and feasible suggestions for improving the public interest litigation system against monopolies, so as to make the system more reasonable.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Xinyang Wang
PY  - 2025
DA  - 2025/07/10
TI  - Proposals to Improve the Anti-Monopoly Public Litigation Regime in China
BT  - Proceedings of the 2025 11th International Conference on Humanities and Social Science Research（ICHSSR 2025)
PB  - Atlantis Press
SP  - 737
EP  - 747
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-440-2_84
DO  - 10.2991/978-2-38476-440-2_84
ID  - Wang2025
ER  -