论反垄断私人诉讼原告资格的二元化

我国当前民事诉讼立法对适格原告的要求过于严格,无法契合反垄断私人诉讼的特殊需求,导致此类纠纷中私人利益和公共利益得不到有效的司法救济。借鉴域外经验,结合自身国情,构建我国反垄断私人诉讼原告资格制度至关重要。私人提起反垄断诉讼因其利益指向的不同有着反垄断私人诉讼之“公益诉讼”和“私益诉讼”的分化。在起诉者利益指向分化下,二者面临着截然不同的困境和需求,由此在原告资格的确立上也应有所差异,即反垄断私人诉讼适格原告二元化。

Dualization of plaintiff qualification of private anti-monopoly litigation

The condition of qualified plaintiff is too strict in legislation of civil litigation in China nowadays, which can not correspond to the special demand of private anti-monopoly litigation, and the private and public interests cannot get effective judicial remedy in such kind of dispute. It is very important to learn extraterritorial experiences and combine with national conditions to build plaintiff qualification system of private anti-monopoly litigation in China. Private anti-monopoly litigation can be divided into “public interest litigation” and “private interest litigation” according to different interests orientation. Under the differentiation of interest orientation of prosecutor, the two kinds of litigations are facing different difficulties and demands. According to it, the establishment of plaintiff qualification should also be different, namely, the dualization of plaintiff qualification of private anti-monopoly litigation.