Responsibility for analysis of economic law and break the path of reflection

Abstract: China's Economic Law liability "novelty", "divergent" Research approaches, is based on the argument needs to explain the independence of Economic Law and expanded, it ignores the traditional jurisprudence of the "three responsibilities" " Four responsibility ", etc. and methods to follow and learn, difficult to guide the practice of Economic action, while in China's Economic litigation practice, the responsibility to borrow the traditional Economic Law on the basis of liability, but also has the legal responsibility of the new features of its unique reflected in the comprehensive social and other aspects of non-reciprocity. economic Law, including Civil liability, administrative liability, criminal liability and punitive damages, liability and other forms of corporate split, and often has a separate or independent Law enforcement agencies, therefore, responsibility for the rationalization of Economic Law jurisprudence Research should return to the level of legal theory of liability, and litigation practice, summarized in the economy and refining their specific form in order to achieve accessibility and self-consistent theory.

Keywords: Economic Law, responsibility, economic litigation practice, the traditional legal responsibility; new legal duty

Economic Law, the legal relationship with economic responsibility to run the whole process of Economic Laws and regulations to be implemented, Economic Law aims to achieve an essential link. After years of scholars to explore, build and improve the basic economic law theory as the basic category of an economic law liability regime has no doubt the necessity and importance, pArticularly in the current "Enterprise Income Tax Law antitrust >>,<< >>,<< state-owned assets law>> and so on have been introduced in the context of responsibility of economic law has become a direct impact on the implementation results of the major issues of economic law, while, in the World Trade Organization (WTO), China's economic litigation practice involves not only the main responsibilities of the market held on the issue, but also involves the government's economic review of the legality of acts, so the pressure in the WTO judicial mechanism, the responsibility of the feasibility and urgency of a more prominent, but with responsibility for economic law studies the importance of economic law liability of progress has been difficult, in a very long time to be scholars as "Ken's Domain difficult" or "blank land." The face of the traditional sector is relatively mature law theory of liability, how to open up a rationalization of the path in front of us on a need to address the most urgent task now, in violation of economic law on the liability of the title, the scholars in the consolidated balance the various titles, such as financial responsibility, responsibility of economic law, economic and legal responsibility, the responsibility of economic relations, the main economic law of responsibility, most of the economic law scholars advocate the adoption of "economic law responsibility" of expression, which is the economic method to obtain the initial responsibility of consensus over the years, but also a new stArting point for further Research. To avoid unnecessary controversy, this Article uses this basic consensus.


First, the responsibility of economic law jurisprudence Textual

Overview of the prevailing theoretical system of jurisprudence, in a sense, the jurisprudence of the theoretical results has been able to guide the depArtments studied. Largely depends on the jurisprudence of the depArtment of law and the jurisprudence of the theoretical contributions of Research results summarized in the department of law, summary and refining, we can even from this point of view, the theory of jurisprudence, law departments contribute to the size of maturity one of the signs. In contrast, resulting in economic law from the jurisprudence of late is not very easy to find its theoretical contribution. "Jurisprudence and the jurisprudence of other departments are basically negative attitude, does not recognize the responsibility of economic law is a separate legal duty." This state of affairs on the one hand affect the development and improvement of jurisprudence, it also affects the economic law of exchange with other disciplines, thus affecting the economy in the jurisprudence of law and discipline academic evaluation status to change this situation the one hand, economic law requires the continuous development of legislation and practice, it also requires economic law and jurisprudence scholars to compare the two theories, and summarized.


(A) responsibility for the independence of economic law to reflect a long time, based on demonstrated need for the independence of economic law, economic law scholars have intentionally or unintentionally, the independence of staff from the responsibility of economic law, by creating different from the traditional form of liability new form of liability, to demonstrate the independence of economic law purposes, for example, some scholars said: "If the violation of economic law will bear a special responsibility and special legal proceedings, then the economic law in the legal system, the independence of the problem be solved. "" If the field of economic law, citing only the traditional legal sector adjustment mechanism, a simple application of Civil liability, administrative liability and criminal liability, there is no independent responsibility of economic law, it is difficult to establish in the true sense of the legal system on the independent status of economic law. "Currently, the responsibility of independent Research in economic law, scholars have mainly the following view:
First, there is no economic law that independent legal liability, that is, the negative economic law on the responsibility, adhere to this view of the scholars said: "'economic responsibility' can not become an independent legal duty, it is actually a Civil liability administrative responsibility and, thus, if the recognition of the macroeconomic adjustment of collaborative relationships is an object of economic law, economic law, then liability should include Civil liability, administrative liability, criminal liability of three, can not be 'economic responsibility' as an economic liability forms. "" In order to prove a number of economic law, economic law scholars is Civil, criminal, administrative law in parallel with a separate legal department, tried in civil, criminal, administrative responsibility to find outside the exclusive economic law of economic responsibility. In fact, Although some scholars have done a lot in this regard the efforts, but the results have been disappointing. Today, there is no economic law which a scholar can make a little convincing that the economic law liability. "current With the increasing improvement of economic legislation and economic conduct of the litigation practice, adhere to the theory of economic law scholars deny responsibility has been limited.

Second, that the economic law has its own separate liability, that liability is certainly on the economic law. Scholars who hold this view there are two perspectives. A perspective that economic law is the responsibility of the traditional "three responsibilities", "Four responsibility" and in parallel with a separate form of liability. another angle that the responsibility of economic law to borrow the traditional form of liability, but a breakthrough and innovation, for example, some scholars said: "The economic and legal responsibility of some forms can also be some other form of liability is the same, of course, its content and purpose may be different. "" economic law responsibility includes the rational core of traditional liability, but responsibility is not just traditional economic law liability of a simple combination, combination also gives the new content, which is the object of extensive by economic adjustment, adjust the diversity, the diversity of legal and other factors. "There are scholars, the economic law of civil responsibility responsibility, the overall administrative responsibility and criminal liability, "but did not deny such a comprehensive and unique nature of economic law responsibility. ... the unique nature of economic law liability is reflected in its legal department as a newcomer to the legal sector more conscious than other , comprehensive, and fully utilize the existing legal regulation of methods and a variety of legal liability. "Currently, the economic law has a responsibility to form their own independent point of view has received the majority of economic law scholars recognized as the responsibility of the basic economic law consensus one.

Third, that the type of legal responsibility should be to break the boundaries between the law department. Completely legal department as a legal responsibility to the division of standards, legal responsibilities of various departments according to law the needs of legal practice, the different types of re-allocation of responsibilities, all departments in order to solve the situation of cross-liability law, adhere to this view of scholars, according to legal liability if the content directly with the material interests can be divided into non-economic responsibility and economic responsibility. This is the first division. financial responsibility can be divided into compensatory and punitive financial responsibility financial responsibility; non- economic responsibility can be classified as acts of responsibility, reputation responsibility, personal responsibility and liability waiver eligibility. This fundamental denial of traditional jurisprudence on liability classification point of view, although the responsibility for solving the economic law has a positive meaning, but for civil law, administrative law, criminal law and other sectoral laws and the formation of breeding method with the characteristics of the sector in terms of legal liability, the practice of little significance, for example, deprivation of life's responsibilities in the form of criminal responsibility on the obvious characteristics with other departments of the form of liability has significant differences.

In the pursuit of economic law, independence of thought under the guidance of responsibility, we can easily believe that if economic law is divided into civil liability, administrative responsibility, criminal responsibility and other forms of economic law does not exist independent of their form of liability a. For example, some scholars said: "The validity of some of the classification is debatable, such as the economic law into civil liability, administrative liability and criminal liability, such a classification method is easy to be misleading, that there is no economic law their own independent legal and economic law may provide for liability

Civil liability, administrative liability and criminal responsibility, is not very appropriate. "Therefore, in order to explore the responsibility of the independence of the economic law, scholars have put forward a number of new criteria for the classification, but based on different criteria have different categories in Some scholars, the responsibility of economic law is a comprehensive scope, it is the responsibility of a variety of different forms of nature constitutes the unity in the economic law under the responsibility, including public law duty and private responsibility, fault, liability, no fault responsibility and liability for the fair, job responsibility and non-service liability, property liability and responsibility of non-property assets and other properties are different responsibilities, they constitute a complete sense of responsibility of economic law. Some scholars claim, liability classification is multi-faceted , according to economic law "subject group", responsibility is divided into economic law, "modulation of the main responsibilities" and "modulated receptor responsibility", or sub-national responsibility, corporate responsibility, community responsibility, personal responsibility, etc., according to pursue purposes of responsibility, legal responsibility can be divided into liability and punitive damages of responsibility, according to the nature of responsibility, liability can also be divided into economic responsibility and non-economic liability, or responsibility for property and non property responsibility. Objectively speaking, these different standards according to the classification, although help us understand the special nature of economic law liability, but this aside the traditional theory of liability to explore the economic law liability independent research into the way, is too concerned about the economy whether the law has its own independent form of liability, the expense of the traditional theory of legal responsibility to follow and learn, thus resulting to the vitality of the specific classification remains to be the test of time and practice. Links to free download http : / / www.hi138.com (b) the responsibility of economic law and traditional forms of analysis of relation between legal liability in jurisprudence, the responsibility is an extremely important area, the various departments, such as constitutional law, civil law, administrative law, criminal law have been developed distinctive systems of accountability and liability, according to traditional legal theory of liability, including liability of the specific form of "three responsibilities", that is, civil liability, administrative liability and criminal liability, or "four responsibilities", that is, except three major responsibilities, including constitutional responsibility, or "six responsibilities", that is, except the four major responsibilities, including legal liability and state liability. It is obvious that our jurisprudence on the liability of each type of correlation is mainly based on interpretation of the law department and expanded, with the sector method is basically a one to one relationship. The reason, "with the civil law, criminal law, administrative law and its codification of the historical process, with the relative clarity of its precincts, and the relative maturity in the legislation, which have closely related. "Infer, contrary to economic law should be the responsibility of the liability department of economic law, economic law refers to as a separate legal department has the responsibility system. In theory, the economic law of liability should be included in liability theories of jurisprudence, but the violation of economic law should bear legal liability and no cause of jurisprudence scholars full attention in this regard with the emergence and development of economic law on the relatively short history, on the other hand with a large number of economic law, the responsibility of other departments to borrow form involved.

Meanwhile, in violation of economic law on the responsibilities of rational knowledge, an important issue is the legal responsibility of the traditional form and content to add, beyond and innovation, for example, some scholars believe that the three major economic law on the traditional form of liability responsibility borrowing, does not mean that economic law would not have their own unique form of liability, responsibility does not mean that economic law is the responsibility of the traditional simple sum of the three, "but the three integrated, holistic and systematic and have some breakthroughs and innovations, such as the split businesses, punitive damages, defective product recall, qualifications relief, credit reduction, etc., corporate social responsibility, and even encourage, the use of incentives and other form of liability. "scholars have put forward violation of the responsibilities of the existence of economic law is not civil, administrative and criminal liability covered by liability type, "such as credit reduction, etc., economic law on the punitive damages, compensation for the government's economic failures, qualification by other, dismember the company and so on. "many scholars, despite the current economic law scholars still debate, but" companies such as split, cut and other credit, qualification relief, resignation, rectification, non-compete, punitive damages, product recall and other The new theory of liability form with the economic law and institutional development, while constantly refining and merging, eventually can be translated into new types of economic law liability. "We can say that these civil law, administrative law, criminal law do not have important form of liability or not, highlights the economic law to protect society from the perspective of the overall economic interests of the socio-economic balance and harmony to run the function and value, is the responsibility of economic law on the jurisprudence of the breakthroughs and contributions to the theory, need the necessary Contemplation, refining and discard.


(C) the responsibility of the unique nature of economic law from the above analysis shows that, later economic law department as a generator method, the traditional form of liability is a liability in the consolidated basis. But also has its own unique characteristics of the new liability. It gives the legal responsibility of the traditional forms of borrowing to new ideas, purpose and value, but also the responsibility of breaking the traditional form and content, form and economic law as a new theory of modern wears the responsibility to adapt to its unique nature is mainly reflected in the following areas.

A comprehensive. Liability for violation of economic law often exhibit the characteristics of non-uniformity, that is the main economic law, the responsibility of the performance of duty for a variety of traditional forms of combination "only comprehensive economic law duty to effectively sanction acts of violation of economic law, "" to responsibilities, rights and interests consistent with economic law responsibility must be integrated. "This form of liability exceeded the liability-one correspondence with the department of law mindset and inertia, utilization and more kinds of liability regulating the behavior of the main economic law.

2 social with the individual interest-based civil law, administrative law based on national interests different from the interests of the community-based economic law, the legal responsibility of accountability, reflecting the state of the overall interests of society to maintain, and are concentrated in economic sphere, we can call "the overall economic interest" is a national stand point of the whole society, through the individual profit and social welfare of the co-ordination and balance, correct market failures, ironing economic fluctuations, to protect economic and social, stable, coordinated and sustainable development.

3 non-reciprocity in government intervention in the economy in the process of economic law on the subject of such liability is not often reflect on the weak side of the slope protection. The weaker party based on economic strength, asymmetric information and other reasons, in the name of on an equal footing both transactions are often at a disadvantage, in the legal system requires the design of state special protection, for example, <<>>,<< anti-unfair competition law antitrust >>,<< the interests of consumers Protection Act>> and other obligations on operators to more <<Consumer Protection Law>> 49 and <<Food Safety Act>> 96 respectively provide for double and ten times the compensation system, reflected the state of consumer spending in the life and food consumption of special protection in the macro-control law, places the main provisions of the obligations of the main economic management in order to fully protect the legitimate rights of business entities, to ensure that economic laws and regulations to be effectively implemented.


Second, the responsibility of the empirical study of economic law: competition law, for example

Competition law as market economy country to maintain free competition in the Basic Law, known as the "economic constitution" and "market economy, the Magna Carta" is the economic law of the core component of national competition law of monopoly and unfair competition are provided for strict liability, not only civil liability for damages, as well as administrative responsibility, liability and responsibility that go beyond traditional forms of special responsibility. Here we take the United States, European Union, Germany, Japan and China's competition law liability form, for example, the real responsibility of natural economic law form.


A civil liability. Civil liability is widely used by national competition law liability, damages, mainly the United States <<Sherman Act>> Article 1, in addition to criminal proceedings other than for a similar offense can also be through the judicial Ministry of Civil Procedure, the Federal Trade Commission issued an order excluding hinder or stop the damage brought by the victim's actions in Germany <<against restrictions on competition law>> Article 33, paragraph 3, intentional or negligent violation of the provisions of paragraph 1 obligation to compensate the resulting loss in Japan <<Prohibition of Private Monopoly and Fair Trade Act to ensure that>> Article 25, paragraph 1, the implementation of a private monopoly or unfair trade restrictions or use unfair methods of business transactions were, liable for damages to the victim. China <<antitrust>> Article 50, the operator implementation of monopolistic behavior, causes losses to others, shall bear civil liability. Taiwan, China <<Fair Trade>> 31 provides that the cause of violating the provisions of this Act, those caused by violations of the rights of others, should bear the liability for damages.


2 administrative responsibility. Breach of competition law should take the form mainly of administrative responsibility to stop violations of the ban and a fine of U.S. <<the Federal Trade Commission Act>> Article 5, paragraph 12, the Federal Trade Commission to stop a certain competitive methods or behavior of command occurs after the final effect, and in the order of the effective period, in violation of the order of any individual, partnership or corporation, once every violation should be paid to the U.S. Government under $ 5,000 civil penalty, the penalty for all owned by the U.S. Government and bring a civil action by the U.S. government to recover, while this is fine although formally made by the court a civil penalty, but in fact quite strong with an administrative fine of nature. <<The EU Treaty>> Article 81, paragraph 1 provides that the European Commission's specific circumstances require visual offense the offender is not as, for example, to stop discrimination or stop the abuse, or require actively fulfill its obligations, such as supply Germany <<Against Restraints of Competition Law>> Article 1, invalid illegal cartel German Cartel Office under "Against Restraints of Competition Law>> Article 32, issued the ban on illegal cartel Japan <<Prohibition of Private Monopoly and Fair Trade Act to ensure that>> the provisions of Article 7 of 2, Fair Trade Commission should be based on Chapter 8, Section 2 of the program, those who command cause the Treasury to pay the levy payment. China <<Anti-Unfair Competition Law>> Article 28, the supervision and inspection department may impose under the circumstances be sold, transfer, conceal or destroy property of the price of 100% to 300 times the fine. Taiwan, China <<Fair Trading>> Article 40, shall apply without cause with the application or upon application, without the permission of the combination, be liable for more than 50 million NT $ 100,000 fine.

Links to free download http://www.hi138.com 3 criminal responsibility since 1890 to develop <<Sherman Act>> establish the antitrust system, the United States for illegal businesses and individuals to impose strict criminal liability , there are fines and imprisonment. the provisions of the current U.S. system of criminal antitrust laws are: <<Sherman Act>> of 1, 2, <<Clayton Act>> Article 13 < <Wilson Tariff Act, "Article 1 and <<Robinson - Patman Act>> Article 2, etc. Since the enactment of 1890, <<Sherman Act>> has been revised several times, but an important part of the revised is to increase the duration of criminal fines and imprisonment in June 2004 when Congress passed the amendment <<Sherman Act>> of the <<2004 antitrust criminal penalties to strengthen and reform law>>, the company increased the maximum fine to 100 million dollars, the maximum fine for individuals to $ 1 million, the maximum term of imprisonment for individuals to 10 years in Japan <<Prohibition of Private Monopoly and Fair Trade Act to ensure that>> Section 89-95 provides for centralized anti-trust laws criminal system, in violation of the Anti-monopoly law, according to circumstances, impose imprisonment and fines. China <<antitrust>> Article 52, Section 54 provided that the responsible body constitutes a crime, be held criminally responsible. Taiwan, China <<Fair Trading>> Article 35, paragraph 2, Article 37 Paragraph 1 provides for imprisonment, criminal detention and a fine of three kinds.


4 other form of liability. In addition to these three major responsibilities, breach of competition law to bear specific responsibilities in the form of punitive damages and also split the business the United States <<Sherman Act>> 7 and <<Clayton Act "Article 4 provided that any prohibited by antitrust law matters or business suffered property damage, whether damage or small, are given three times the amount of compensation for their damages and litigation costs and reasonable attorneys' fees. Taiwan, China <<Fair Trade>> Article 32, paragraph 1, the system also provides for treble damages. split the company is also commonly used in U.S. anti-trust measures, the aim is to monopolize the market into a competitive market of the U.S. judicial basis < <>>,<< Sherman Act Clayton Act>> Mobil Oil and other spin-off, the United Tobacco Company, DuPont explosives company, American Telephone and Telegraph Corporation monopoly, Germany <<against restricting competition>> Article 41, paragraph 3, Japan <<Prohibition of Private Monopoly and Fair Trade Act to ensure that>> Article 7 also provides a split-related business conditions and measures.

Through these legal responsibilities of national competition law is not fully investigated, we can see that the current competition law in the form of liability has the following features:
First, the performance of a large number of civil liability, administrative liability and criminal liability in the use of one or more integrated, although the various countries and regions because of the economic and legal differences in cultural background, the three form of liability in the adoption of different emphases, but have adopted the civil liability, administrative liability and criminal liability of one or more of, for example, the United States, and Japan have provided varying degrees, constitute an illegal monopoly in serious cases, in addition to a fine of responsibility to bear, there may bear the criminal responsibility of detention or imprisonment, some countries such as Germany, the European Union, is limited to civil liability, administrative liability and criminal penalties.

Second, punitive damages and actual damages exist in respect of liability under antitrust laws, the United States and China's Taiwan region uses the principle of punitive treble damages, while China, Japan, Germany, the European Union adopted is the actual principle of compensation. punitive damages highlights the overall economic interests of social protection, not only because of monopoly violated the legitimate rights and interests related businesses, but also against the normal order of economic competition, but due to different national legal traditions , punitive damages system has not been universally adopted.

Again, be held responsible economic law often borrow civil, administrative and criminal procedures, and has a separate or independent law enforcement agency. Caused by violation of national competition law is often invoked in civil proceedings, administrative proceedings (review) and the rules of criminal procedure conduct, but a prominent difference is that national competition laws are often set up independent or relatively independent of law enforcement agencies, such as the U.S. Department of Justice Antitrust Division and the Federal Trade Commission, the EU's European Commission, Germany's Federal Cartel Office, Japan Fair Trade Commission, responsible for handling cases of violation of competition law.

Finally, there has been a lot of new form of liability. Overview of national competition law, we find that the main economic law to bear in addition to traditional civil liability, administrative liability and criminal liability, but also there are many new or attention to the responsibility of competition law forms, such as punitive damages, split enterprises, reflecting the responsibility of the traditional form of three breakthrough and development.


Third, research into the way of economic law duty to think through the above analysis, we can see, the blind pursuit of economic law liability independent mindset and make the responsibility of economic law of inertia into a divergent than seeking common deficiencies instead of focusing on The responsibility of the rationalization of economic law should return to the level of jurisprudence legal theory of liability, and litigation practice, summarized in the economy and refining the specific forms of economic law liability in order to achieve accessibility and self-consistent theory.


(A) economic law jurisprudence responsibility research should return to earlier levels of research in economic law, economic law duty to explore the independence of the research seems to demonstrate the independence of significant economic law, economic law can also demonstrate a rational process to address the long-term been troubled by the economic law economic law scholars and academic evaluation of non-actionable, but that research into the way of jurisprudence on the availability of support? We spare no efforts to build up and the system of economic law liability, on the other branches of law There is no universal, and can integrate into the jurisprudence on the liability theory? In fact, to borrow a large number of economic law is indeed specific to the law in other sectors of the liability, as we recognize the civil law in a market economy in the basic position as we even should further acknowledge our current heavy reliance on economic law proceedings or civil, administrative and criminal proceedings, although we in the economic public interest litigation, antitrust litigation and other aspects of the first three have some breakthrough in fact This borrowing relationship not only harmless to the development of economic law, economic law and the development of a sense or a shortcut. Civil law, for example, civil law as the laws of humanity and the history of the origin of the earliest history of the subject, in its long history of evolution, the phenomenon of social conduct highly refined and precise sum for the other branches of law defines the concept and system construction in the area the early development of the exemplary reference sample in the study of economic law liability, we can not or will not admit liability in the form of the traditional theory of reference is not self-confident and mature performance, self-bondage and shackles on economic law research within the department, trying to find the theory of internal self-sufficiency, in the end can only be futile, nothing in the same time, a large number of economic law in the adoption of the new form of liability and accountability in a manner is an important contribution to jurisprudence, for example, many scholars recognized the split businesses, punitive damages, such as credit reduction, relief and other qualifications need to be carefully summarized and refined. believe that the jurisprudence of the legal theory of liability through the filter and the precipitate, the idea of ​​economic law liability for future research will be more rational, the future will be more light.


(B) the economic responsibility of the litigation practice to extract the specific forms of economic law in 2000 to implement the institutional reform of the Supreme Court revoked the Economic Division, which seems to suit the economy from the formal to the head with a stick. Bitter experience, we have gradually seen in the past Economic Law Research weakness - the lack of economic law, actionable research. Specifically, the nominal support of the Economic Court of the theoretical basis of economic law, but in fact, the phase shift of economic focus and the focus of legal research too much on the argument of economic law law status of the independent sector, the business activities of the Economic Division of little real significance. In fact the Economic Court of the trial is still nominally "economic and legal relations," but in fact the people ( provider) of cases do legal relations, and economic divisions do not regulate their own independent procedural law applicable in the specific trial practice, it can only be based on civil law to hear the case, the revocation of the Economic Court also has a rational side. After all, in nature, and various civil, economic, litigation should be a "public action" or "public interest litigation" category, its ultimate goal and mission is to maintain and protect the economic interests of society as a whole the overall economic order. For this reason, we may wish to use a dynamic, open the Links to free download http://www.hi138.com look upon this reform, and use it as an opportunity to establish a real "economic law sense "of economic action the court, and based on the special needs of the case to the creation of a special procedure in order to protect the effective implementation of economic law in the implementation of the justiciability of economic law, the number of economic law from the law department can Appeal of staff, such as the establishment of the taxpayer in tax litigation area, established in the field of antitrust litigation and antitrust private litigation of public power in the area of ​​the law of environmental resources such as the establishment of environmental public interest litigation, and civil (commercial) law are not well protected social economic welfare of the public interest litigation in the field of play an irreplaceable role as advocates in the field of corporate law on behalf of shareholders filed lawsuits in the field of intellectual property claims filed antitrust lawsuits, etc. Meanwhile, it should be summarized and refined the unique economic law or economic law The importance of the liability, the only way to get rid of the responsibility system of economic law theory of the empty building and truly established.

At present, along with China's anti-monopoly law enforcement bodies in the initial establishment of mechanisms to establish and litigation, litigation will really build up the economy. <<Antitrust>> Article 50: "the implementation of monopoly operators, damage caused to others, and shall bear civil liability. "April 1, 2008 shall come into force <<Supreme Court civil cause of action provides the>> monopoly disputes and unfair competition disputes in a variety of provisions focused, unified into a range of intellectual property disputes. Supreme Court In the July 2008 issue of <<on conscientiously study and implement (AML) notice>> specified, all kinds of civil cases by the anti-monopoly people's courts at all levels of business in the courtroom trial of IPR cases heard . the parties to file a lawsuit because of monopolistic behavior, and as long as the line <<Code of Civil Procedure, "Article 108 and <<anti-trust>> under the conditions of admissibility, the people's court shall accept, and bring to Justice the same time, anti-monopoly law enforcement agencies based on "anti-trust>> to make a specific administrative act, citizens, legal persons or other organizations against administrative proceedings, in accordance with <<Administrative Procedure Law>> and <<anti-trust>> the provisions of section 53, determine need to go through administrative review for cases before the Court by the people they meet <<Administrative Procedure Law>> under the conditions for prosecution, the people's court shall accept, and the trial according to law, although the current monopoly and unfair competition disputes The deal is still at civil and administrative proceedings within the context of economic law may be actionable, but has been a qualitative leap in the real sense of the economic action is just around the corner, the economic law liability study will also respond to economic and social development objective needs of development, evolution and maturity.


4 Conclusion In jurisprudence, the legal responsibility of the most common and most important classification is based on the nature of liability sector law, which is now more generally accepted academic classification, so long as the recognition of economic law is a separate legal department , can be deduced accordingly, in the field of economic law, legal liability is also an objective reality, while the formation of late is bound to the traditional sectors of economic law law theory of liability based on the inevitable and the close relationship that exists between them, man-made severing the link between them is unscientific, so "in-depth study of economic law liability, we must go beyond the traditional theory of legal departments and legal theory of liability, and completely abandon the past for too much emphasis on the three forms of responsibility, see to different types of liability is actually closely related to the existence of, especially because of its responsibility not only to see the various types of violation 'of the seat law' due to the different outstanding differences, but also the internal responsibility system to see all kinds of contact to see new developments in the law and system of innovation. "and rational, scientific research into the way of economic law liability should be established in the tradition of the legal division of responsibilities based on the theory, summarized and refined for the specific or economic law The importance of liability in order to establish the ultimate purpose of the legislation in line with economic law, economic law liability regime, while in the global economic integration and WTO rules to accelerate more and more attention today, the reality of economic law always already crossed the boundaries of accountability "China's enterprises and their executives who become the target of law enforcement in other countries, is only a matter of time." Therefore, the responsibility of economic law studies should try to convert research perspective and paradigm, "novelty", "divergent" research path must be subject to international economic law liability towards consistency constraints in order to avoid unnecessary conflicts. Links to free download http://www.hi138.com