On the Limits of Criminalizing the Monopolistic Conducts in China

Antimonopoly law is the institutional tool of regulating the monopolistic conducts, whose effects depend on establishing the reasonable responsibility system. As we know, Anti-Monopoly Law has set up the civil and administrative responsibilities but doesn't stipulate the criminal responsibility. Therefore, whether to criminalize the monopolistic conducts in China is the dispute points in the middle of antimonopoly legislation and enforcement for a long time. Theoretically speaking, the responsibility system should adapt to the demands of the legal interest protection. Based on the assessment of the responsibility mechanisms in Antimonopoly Law of China, the existing responsibility provisions have produced the powerful deterrent against the monopolistic practices actually, so it is unnecessary to introduce the criminal responsibility mechanism to the Law.