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| 文章编号：1672-3104(2005)02-0193-06 |
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论反垄断法制裁手段及其范围 |
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李国海 |
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（中南大学法学院,湖南长沙,410081） |
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| 摘 要： 反垄断法制裁手段是实现反垄断法立法目标的基本保障。反垄断法制裁手段与反垄断法法律责任、反垄断法执行手段等概念相比,是最合适的用词。各国反垄断法都规定了制裁手段,并形成反垄断法制裁手段体系。这些体系可以划分为三类:第一类以行政排除措施为核心,第二类以行政罚款为核心,第三类以损害赔偿为核心。反垄断法制裁手段立法体例包括分散立法和集中立法两种。 |
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| 关键词： 反垄断法;制裁手段;范围 |
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On sanctions and their scope of anti-monopoly law |
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LI Guo-hai |
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（School of Law, Central South University, Changsha 410083, China） |
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| Abstract: The sanction of anti-monopoly law is the guarantee for the fulfillment of the goal of anti-monopoly law. Compared with the legal responsibility of anti-monopoly law and the enforcement measure of antimonopoly law, the sanction of anti-monopoly is the most appropriate concept. There are sanctions in the anti-monopoly law of every country or region, all of which are the components which construct the system of sanction of anti-monopoly law. The system of sanction of anti-monopoly law can be divided into three categories. The first one takes the administrative eliminating means as its core, the second one takes the administrative fines as its core, while the third one takes the damages as its core. The legislative system of the sanctions of anti-monopoly law can also be divided into two categories, i.e., centralized legislation and decentralized legislation. |
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Key words: anti-monopoly law; sanctions; scope |
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