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我国《反垄断法》已于去年8月1日正式施行,而宽恕制度作为反垄断法中的特色制度,极具现实意义。它能使反垄断执法机构的执法效率得到提高,威慑潜在违法者,实现社会福利。但是我国的《反垄断法》对如此重要的制度仅有一条原则性规定,毫无操作性可言。本文便是对此做一些讨论,望能对之后相关操作细则的出台有抛砖引玉之作用。
China’s “Anti-monopoly Law” was officially implemented on August 1 last year, and the system of forgiveness, as the special system in the anti-monopoly law, is of great practical significance. It can enhance the efficiency of law enforcement by antitrust law enforcement agencies, deter potential offenders and achieve social benefits. However, China’s “Anti-monopoly Law” has only one principle on such an important system, and there is no operational justification. This article is to do some discussion on this, hope that the introduction of the relevant operating rules after the introduction of arouse their efforts.