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Wu Shouchen，bet365 app2021 Master of Laws (Law) graduate student。
Abstract:Procuratorial public interest litigation as a new thing，The system optimization and operating model still need to be explored in practice。Expanding the scope of prosecutorial public interest litigation into the antitrust field is a bold attempt，This requires not only sufficient argumentation，It also needs to be piloted first。Exploring the inclusion of administrative agencies in civil public interest litigation，Through the joint efforts of prosecutorial agencies and administrative agencies，Can stop monopolistic behavior more efficiently，It is also of great significance for administrative agencies to improve relevant supervision mechanisms。Antitrust public interest litigation is based on absorbing existing experience，Definitely able to safeguard consumer rights，Guarding the optimization of China’s business environment。Explore and build a procuratorial public interest litigation system with Chinese characteristics，This is the mission of the times shouldered by the procuratorate。
Keywords:Antitrust; Procuratorate Public Interest Litigation; Business Environment; Procuratorate
1. Introduction
February 25, 2019，The second meeting of the Central Committee for Comprehensive Rule of Law chaired by General Secretary Xi Jinping emphasized: “The rule of law is the best business environment”。The "Regulations on Optimizing the Business Environment" officially implemented on January 1, 2020 stipulates that market entities should abide by laws and regulations，Perform safety、Quality、Legal obligations in the protection of consumer rights and interests，And stipulates the obligations of relevant government departments to prevent and stop monopolistic behavior in market economic activities，To create a fair competitive market environment、Optimizing the business environment provides institutional guarantee。Premier Li Keqiang of the State Council stated in his government work report to the Fifth Session of the 13th National People’s Congress that “strengthening anti-monopoly and anti-unfair competition，Equal protection of corporate property rights in accordance with the law、The right to operate independently and the legitimate rights and interests of entrepreneurs，Create a good environment for enterprises of all types of ownership to compete for development”。It can be seen from this，Effectively preventing and stopping monopolistic behavior in the market is related to the creation of a market environment of fair competition，It is also related to the effective protection of consumer rights。
current，The reform of civil public interest litigation initiated by the procuratorate is in full swing。From the "Decision of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Procuratorate to Carry out Public Interest Litigation Pilot Work in Some Areas" that was implemented on July 1, 2015 to the 2021 "People's Procuratorate Public Interest Litigation Case Handling Rules" and other normative Documents are its main specific normative basis。The procuratorial public interest litigation system has undergone top-level design、Legal authorization、Pilot first、Legislative protection、Comprehensive rollout and other stages，Pathway of judicial protection of public interests with Chinese characteristics。All major reforms must be based on law。At the beginning of the establishment of the system，Based on the provisions of Article 58 of the Civil Procedure Law，The scope of public interest litigation cases accepted by the procuratorate is only ecological environment and resource protection、Food and Drug Safety、Protection of state-owned property and transfer of state-owned land use rights, etc.。With the Personal Information Protection Act、Law on Protection of Status and Rights and Interests of Military Personnel、The enactment or revision of laws such as the Minors Protection Act，The scope of procuratorial public interest litigation has bet365 live casino and sports bettingbeen expanded to include production safety、Nine major areas including protection of heroes。Gradual expansion of the scope of procuratorial public interest litigation cases，Proof that the procuratorial public interest litigation system is truly rooted in China、Be able to effectively safeguard social and public interests、A system that satisfies the people。The Sixth Plenary Session of the 19th CPC Central Committee proposed to “expand the scope of public interest litigation cases”，At the same time, the Central Committee of the Communist Party of China issued the "Opinions on Strengthening the Legal Supervision of Procuratorates in the New Era"，Emphasis on the need to actively and steadily expand the scope of public interest litigation cases，Summary of practical experience，Improving relevant legislation。The author thinks，Except for the scope of cases stipulated by current laws，The anti-monopoly field is a pain point for the people in safeguarding public interests、Difficulties and hot areas，It should also be an area where prosecutorial public interest litigation plays a key role。The author will discuss the necessity of public interest litigation in antitrust prosecution、Discuss the feasibility and refinement of specific systems，In order to expand the scope of prosecutorial public interest litigation cases、Create a business environment with fair competition、Dedicate your own modest efforts to safeguard social and public interests。
2. The necessity of anti-monopoly prosecutorial public interest litigation
Antitrust public interest litigation refers to actions by actors that eliminate or restrict market competition，Seriously distorting the market competition mechanism，When the social and economic public interests are infringed or are in danger of being infringed，A system in which the law allows citizens or groups to file lawsuits in court to safeguard social and economic public interests。
(1) Monopolistic behavior endangers social and public interests
Article 3 of the Anti-Monopoly Law of the People's Republic of China (hereinafter referred to as the "Anti-Monopoly Law")，Monopolistic behavior includes: 1.Operators reach a monopoly agreement；2.Operator abuses dominant position；3.Has or may have exclusions、Concentration of business operators that restricts the effect of competition。Monopolistic behavior manifests itself in various forms: unreasonable service prices、Unclear service matters、There is no standard for judging service quality, etc.。The author believes that the monopolistic behavior of market entities harms the interests of consumer groups on the one hand，On the other hand, it destroys the overall competitive order of the market，Not conducive to industry development。Although there is still some controversy over the definition of social public interest in theory，But the author believes that monopoly behavior itself breaks the good market order，Severely disrupting law and order。Severe damage to the legal order and damage to the interests of actual consumer groups are sufficient to determine that monopoly behavior damages social and public interests，And it will cause serious consequences。Our country’s corresponding legal norms give relevant departments the rights and obligations to prevent and stop monopolistic behavior in the market，At the same time, the State Council established an Anti-Monopoly Committee，Responsible organization、Coordination、Guide antitrust behavior。This is not only based on the consideration of optimizing the business environment，There are also considerations based on safeguarding social and public interests。
(2) Protection of interests of consumer groups
With the development of contemporary technology、Large-scale economic development and infrastructure construction、Mass production、Rapid social development and changes such as the mass consumption circulation and consumption system，While wealth is growing and accumulating and daily life becomes more convenient，It also caused serious social problems such as structural infringement of consumer rights。When monopolistic behavior infringes on the interests of many consumers，Unspecific、Secretness，And compared with general torts，The party that implements monopolistic behavior is in an obviously superior position。In this case of "modern litigation"，According to the traditional litigation method，The balance of power between the two parties is too great。Evidence and necessary scientific knowledge are often concentrated and bet365 live online casinodistributed in the hands of market entities who are the perpetrators，As a plaintiff, consumers are weak and weak，We often encounter situations where it is difficult to provide evidence。Before consumers sue market entities，Based on cost-benefit considerations，Although the rights and interests of consumers have been violated，But there is a high probability that they will choose to give up the lawsuit；Even if you choose to file a lawsuit，It may not be able to achieve the expected results。In the case of Sun v. Beijing iQiyi Technology Co., Ltd.，Plaintiff Sun after purchasing VIP services，iQiyi still inserts ads when playing videos。The first instance judged that the defendant should compensate the plaintiff Sun 30 yuan。Sun appealed，Comprehensive case situation of the second instance court，The judgment was made to uphold the first instance judgment。Plaintiff Sun spends a lot of time、Energy cost，The verdict was only to award the defendant 30 yuan in compensation，The remaining claims were not supported。The author thinks，The defendant in this case relied on its monopoly position，The act of arbitrarily lowering user service standards。I don’t know，Such a ruling will greatly dampen the motivation of consumers to defend their rights，The mentality of “just put up with it and forget it” will spread wantonly among the consumer group。This way，Monopoly entities will become more rampant，Intensified。
3. The feasibility of anti-monopoly prosecutorial public interest litigation
How to better protect public interests，Build more harmonious social relations，Is an important part of realizing the modernization of the national governance system and governance capabilities，It is to promote social fairness and justice、The inevitable requirement to maintain social harmony and stability。As mentioned above，The Sixth Plenary Session of the 19th Central Committee of the Communist Party of China adopted the "Regulations of the Central Committee of the Communist Party of China on Upholding and Improving the Socialist System with Chinese Characteristics"、The Decision on Several Major Issues in Promoting the Modernization of the Governance Capacity of the National Governance System" proposes to "expand the scope of public interest litigation cases"，Points out the way forward for the development of the public interest litigation system。Including the antitrust field into the scope of public interest litigation cases is by no means groundless。Procuratorate public interest litigation includes two types，One is civil public interest litigation，The other is administrative public interest litigation。Provisions in the Anti-Monopoly Law，The State Council establishes an anti-monopoly law enforcement agency to be responsible for anti-monopoly law enforcement work。
The classification of procuratorial public interest litigation is consistent with the authorization of government departments in the "Optimizing Business Management Regulations"，Relevant government departments have to prevent monopolistic behavior of market entities、Suppression obligation，The procuratorate supervises the performance of the duties of relevant departments。The procuratorial organ is based on protecting social and public interests，Actively carry out public interest litigation work，Expand the scope of public interest litigation cases。This will undoubtedly help achieve the purpose of the procuratorial public interest litigation system，It is beneficial to optimize the business environment，Be able to protect social and public interests more effectively。Guiding cases on public interest litigation issued by the Supreme People’s Procuratorate，Not only involves traditional fields，Also involves emerging fields such as "personal information protection"。These are all manifestations of the feasibility of procuratorial public interest litigation in many fields。The destruction of the legal order itself by market entities has harmed social and public interests，The procuratorial organ serves as the country’s legal supervision agency，Of course, we have the right to file civil public interest litigation against market entities that implement monopolistic behavior，Effectively safeguard the interests of many real consumer groups；On the other hand，The procuratorial organs are not responsible for the administrative organs、Inaction、Indiscriminate behavior，Of course, you can also file an administrative public interest litigation。
IV. Refining the Anti-monopoly Procuratorate Public Interest Litigation System
Major victories achieved by the procuratorial organs in nine major fields，Promoted the development of procuratorial public interest litigation。When administrative agencies perform their duties，You may face various difficulties。Such as the weakness of the administrative agency system、The absence and inefficiency of administrative supervision and local protectionism in the enforcement of administrative agencies in the market economy, etc.。It is precisely because of various difficulties，Administrative agencies may be in the embarrassing situation of being "incompetent" or "unintentionally incompetent" in the process of enforcing the law。Not only cannot we assume the important task of safeguarding the legitimate rights and interests of consumers，Because of his irresponsibility、Inaction also causes damage to social and public interests。This is undoubtedly not conducive to the optimization of our country’s business environment，Not conducive to the rule of law、Construction of a society ruled by law。Because of this，Procuratorial public interest litigation can make up for the lack of enforcement by administrative agencies，And the prosecutorial office has manpower、Financial resources、Material resources、The investigation and evidence collection and litigation capabilities are sufficient to compete with monopolistic entities。In practice，Monopolistic behavior includes not only market monopoly，Also includes administrative monopoly。In the process of antitrust enforcement，It is very necessary for the procuratorial organs to participate in supervision。
The public interest litigation filed by the procuratorate is a "supervision lawsuit、Appeal for support”，The author believes that it is necessary to sort out the specific operational paths of antitrust public interest litigation。In 2021, procuratorial organs nationwide filed a total of 16 public interest litigation cases.90,000 items，Among them, 20,000 civil public interest litigation cases were filed，Administrative public interest litigation case filing 14.90,000 items。Administrative public interest litigation cases account for about 88% of public interest litigation cases。It can be seen from this，Prosecutors have a soft spot for filing administrative public interest litigation。But，The author wants to find another way，Explore unique public interest litigation in the antitrust field。
The author thinks，In the field of antitrust public interest litigation，The procuratorial organs should adopt the strategy of "valuing the people over the conduct"。When the procuratorate discovers monopolistic behavior in the market，First of all, civil public interest litigation should be filed。Of course, pre-litigation announcement procedures need to be completed before filing a public interest litigation。If during the announcement period，If a social organization (mainly an industry association) applies to file a public interest litigation，The procuratorate can support it in filing civil public interest litigation；If within the announcement period，No social organization has applied to file a civil public interest litigation，The procuratorate can directly initiate civil public interest litigation against market entities。Based on the existing case data，Most social organizations may be limited by manpower、Financial resources、Restrictions on physical resources，Or considerations based on other factors，The number of civil public interest litigation filed by social organizations is relatively small。The current development of social organizations in our country is still immature，Most civil public interest litigation cases are led by the procuratorate。However, the procuratorial organs cannot give up the performance of pre-litigation procedures，After the public interest litigation system matures，Social organizations can definitely play their positive role。In civil public interest litigation，The subject of the prosecution can file for restoration to the original status、Litigation requests for damages, etc.。But it should be noted，Can a lawsuit be filed for punitive damages in the antitrust field？The author thinks it is possible。Limited to space，No further discussion here。
Administrative agencies should participate in civil public interest litigation in a special capacity，Because antitrust is closely related to the administrative agencies themselves。Administrative agencies participate in civil public interest litigation，On the one hand, it can protect consumer rights more efficiently，On the other hand, it Bet365 Pokercan also use civil public interest litigation to discover problems in its own mechanism，Facilitate targeted rectification。The author thinks，Administrative agencies participate in anti-monopoly public interest litigation to gain "everything but no harm"。Not only helps in administration according to law，And it is conducive to timely prevention and suppression of monopolistic behavior。Only if necessary，Only antitrust administrative public interest litigation can be filed。The reason why we adopt a different system design for public interest litigation in other fields，It’s because my country’s anti-monopoly started late，Administrative agencies are also immature in enforcing the law in practice，If you file an administrative public interest litigation rashly，Not only will it lead to the deterioration of the relationship between the prosecutorial agency and the administrative agency，It is also not conducive to maintaining the government’s credibility and the authority of the law。
5. Conclusion
All major reforms must be supported by law。Since the procuratorial public interest litigation work was fully launched，The number of cases handled increases year by year。Expanding public interest litigation into the antitrust field is a bold attempt，Need continued efforts from the theoretical community。Implement the glorious mission of procuratorial public interest litigation to “protect the people’s better life”。The author only starts from the perspective of prosecutorial public interest litigation，Demonstrated the necessity of antitrust public interest litigation、expressed his humble opinion on the feasibility and refinement of the specific system。The author thinks，Antitrust public interest litigation has great potential for research，We must continue to carry forward the spirit of "writing thesis on the land of the motherland"，Based on the current status of my country’s economic development，Exploring an anti-monopoly procuratorial public interest litigation system suitable for my country’s national conditions，Guarding to optimize the business environment！
References
[1] Zhang Minghua: "A Preliminary Study on the Anti-Monopoly Public Interest Litigation System"，Published in "Journal of Yanshan University" February 2003 Issue 1。
[2]Wang Yaxin、Chen Hangping、Liu Junbo: "Key Lecture Notes on China's Civil Procedure Law"，Higher Education Press (Second Edition)，Page 142-143。
[3] Chen Yunliang: "Antitrust Civil Public Interest Litigation: The Way to Relieve Consumers Suffering Monopoly Damage"，Published in "Modern Law" September 2018 Issue 5。
[4]Wang Hui、Han Rong: "Analysis on the legitimacy of exploring the new field of procuratorial public interest litigation"，Published in "Procuratorial Daily"，February 25, 2021。
This article is a selection of outstanding articles in the second issue of the "Fayuan Argument" essay competition，Due to space limitation，Comments omitted，Presented as reference，Please see [Attachment] for the original text。The content of the article represents only the author’s personal opinion，Only for all readers to read and review。
Text/Wu Shouchen
Proofreading/Li Zilin
