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中国改革开放以前实行计划经济体制,市场的调节机制长期被排斥,因此,经济学尤其是产业组织经济学没有发展的空间。中国市场经济体制发展的时间不长,程度不高,市场的力量仍然受到较多的禁锢,经济学在中国的发育尚不成熟。考虑到中国经济和法治发展现状以及法官专业素养不高的现实,本文认为,中国可以就反垄断私人执行采取总体上逐步放松的方式。
Since China implemented the planned economy system before the reform and opening up, the regulatory mechanism of the market has long been excluded. Therefore, economics, especially in industrial organization economics, has no room for development. The development of the market economy system in China lasted for a short time and to a lesser degree, and the power of the market was still more confined and the development of economics in China was still immature. Taking into account the current situation of China’s economy and development of the rule of law as well as the fact that judges are not highly professionalized, this paper argues that China can take a generally gradual and relaxed approach to private execution of antitrust.