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我国《反垄断法》明确了经营者实施垄断行为,给他人造成损失的,应当依法承担民事责任。这一规定在实践中的落实面临着诸多难题,如何在反垄断民事诉讼中处理好执法机关与司法机关的关系就是其中之一。从反垄断民事诉讼自身的特性出发,它不可能再遵循传统民事诉讼中法院独立办案的处理模式,而必须借助于行政机关的工作。行政机关也必须完善自身的工作机制,提高办案水平,从而保证反垄断民事诉讼顺利进行,达到维护竞争秩序,保护合法权益的目标。
China’s “Anti-Monopoly Law,” which states clearly that the operator conducts monopolistic behavior and causes losses to others, shall bear civil liability in accordance with the law. The implementation of this regulation in practice faces many difficult problems. One of them is how to handle the relationship between law enforcement agencies and the judiciary in antitrust civil litigation. Based on its own characteristics of antitrust civil litigation, it can not follow the pattern of the court’s independent handling of cases in traditional civil litigation and must rely on the work of the administrative organ. The administrative organ must also improve its own working mechanism and raise the level of handling cases so as to ensure the smooth progress of antitrust civil litigation and achieve the goal of safeguarding the order of competition and protecting the lawful rights and interests.