关键词: 反垄断法, 检察公益诉讼, 反垄断行政执法, 衔接模式

Abstract: The establishment of a procuratorial civil public interest litigation system to compensate for the insufficient public and private implementations of China’s current anti-monopoly law is a major highlight of the revision of the anti-monopoly law in 2022, which is in line with the legislative goal of safeguarding consumer interests and social public interests under the anti-monopoly law. It is also an important manifestation of China’s procuratorial organs exercising legal supervision and public interest maintenance functions. However, the newly established anti-monopoly procuratorial civil public interest litigation system in China has suchproblems as unclear nature positioning, simpler legal provisions design, and lack of operability in procedures, especially the positioning and connection between civil public interest litigation and administrative law enforcement, which directly affects the correct implementation of the system. By reviewing the legal and economic theories of civil public interest litigation in anti-monopoly prosecution, this paper analyzes the practical difficulties in the implementation of China’s anti-monopoly prosecution civil public interest litigation system. The findings show that the anti-monopoly prosecution civil public interest litigation system needs to be restructured from two aspects: the substantive law and the procedural law. Only by rationally designing a connection mechanism between the anti-monopoly prosecution civil public interest litigation and the anti-monopoly administrative law enforcement,canwe fully leverage the supervisory function of the civil public interest litigation by prosecutors, improve law enforcement efficiency, save judicial resources, and ensure the systematic and coordinated implementation of the anti-monopoly law on the basis of respecting the basic laws of anti-monopoly administrative law enforcement. Through the integration of the two laws,the characteristics of balancing public interest and private interest in civil public interest litigation of anti-monopoly prosecution can be further reflected, so as to reach the goal of compensating for the losses of individual subjects and safeguarding consumer welfare and social public interests.

Key words: anti-monopoly law, prosecutorial public interest litigation, anti-monopoly administrative enforcement, connection mode