Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-tj2md Total loading time: 0 Render date: 2024-04-19T20:26:38.843Z Has data issue: false hasContentIssue false

20 - The Present Situation and Improvement Direction of the Sanction System in China’s Anti-monopoly Law

from Part II - Country Reports

Published online by Cambridge University Press:  29 July 2022

Tihamer Tóth
Affiliation:
Pázmány Peter Catholic University (Budapest, Hungary)
Get access

Summary

The sanction system of China’s anti-monopoly law mainly comprises administrative penalty and civil damages compensation, with administrative penalty as the core sanction method. The mode of administrative penalty combining confiscation of illegal income and fines established in the Anti-monopoly Law is not ideal in practice. Confiscation of illegal income is often absent, which greatly affects the deterrent capacity of anti-monopoly sanctions. At the same time, imposing fines is not a sufficient deterrent on its own. To solve the predicament, in the revision of the Anti-Monopoly Law it is proposed to cancel confiscation of illegal income and learn from the internationally mainstream anti-monopoly administrative punishment mode by integrating the function of confiscation of illegal income in the form of fines, that is, replacing it with the fines-oriented anti-monopoly administrative punishment model, in order to make punishment more certain. In addition, China should reform the anti-monopoly law fine system in order to increase deterrence, including clarifying the meaning of “sales”, abolishing minimum fines of 1%, and considering civil damages as a mitigating factor for fines.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×