Research On The Antimonopoly Civil Litigation System

Anti-monopoly law is known as "economic constitution", is the healthy development of market economy "magna carta" freedom. Since the United States of the Sherman act formally establish the status of the law, regulation since monopoly of concept and system perfected. Especially after the introduction of anti-monopoly civil litigation, stimulated the enthusiasm of the subjects involved in the private, widen the monopoly damage relief way. Antitrust civil litigation system is designed to compensate for the lack of public administrative law enforcement, improve efficiency on the implementation of antitrust as a whole. Therefore, anti-monopoly civil litigation not only has a reasonable theory foundation, has the superiority of the system function. According to the characteristics of the monopoly lawsuit system, broke the boundary of traditional civil lawsuit, is generally based on the particularity of the adjustment, reform and innovation. It is after the adjustment of various concrete supporting system of play, highlight the function of anti-monopoly civil litigation, cooperate with the administrative law enforcement; make the implementation of the anti-monopoly law system has become so effective. Throughout the emergence and development of foreign antitrust civil litigation, the United States, the European Union, the United Kingdom, Germany and Japan and other countries, have made clear the position and role of the private in antitrust lawsuit. Since the late 1990 s, the private enforcement system has dominated the trend of anti-monopoly law change, and antitrust civil litigation has become an indispensable part of anti-monopoly law.Our anti-monopoly civil litigation legislation later, in 2008 promulgated the anti-monopoly law only article 50:operators implement monopoly, losses to others, shall bear civil liability according to law. System severely hampered by the lack of the judicial practice of antitrust civil litigation in our country, in the case, the plaintiff win rate and the kinds of damages, etc, can satisfy the requirement of private litigation. This leads to antitrust civil lawsuits become a mere formality, not in the anti-monopoly law enforcement system play a proper role. In view of the situation, in order to make anti-monopoly civil litigation "rules-based", in 2012 the supreme people's court issued on trial because of monopoly caused by the regulation of application of law in civil dispute case", implements the antitrust private implement four changes:first, the system level, the anti-monopoly law, the establishment of the basic system, realize the construction of the concrete implementation mechanism; Second, the law enforcement level, before the anti-monopoly judicial practice, has accumulated certain experience, and promotes the law enforcement level of ascension, to perfect the law enforcement mechanisms; Third, the concept level, monopoly harm and the close correlation of consumers. Has been widely accept the concept leveled by the people and accept the antitrust consciousness, fosters competition culture, cultivate the market order of fair; Fourth, study level, further concrete and thorough, the antimonopoly law from the abstract theoretical research into concrete and practical studies.After the two legislative stages of antitrust civil litigation, the existing institutional structure to a certain extent, to meet the antitrust civil litigation "internal" and "external demand." That is, the public anti-monopoly law enforcement and private enforcement of the double-law enforcement system inherent requirements, private antitrust lawsuit brought the external needs. This also makes the focus of antitrust civil litigation shift, from the system structure to the system of transition. According to the experience of antitrust civil litigation in developed countries and the judicial practice in China in recent years, the basic system has not adjusted and modified according to the characteristics of monopoly, and the fundamental system is lacking, which severely restricts the function of antitrust civil litigation. Specifically, the current anti-monopoly civil litigation system is mainly the following problems:first, the provision of the plaintiff qualification defined reasonable standards; second, the group lawsuit system has not been established; third, the burden of proof allocation is unreasonable; fourth, many times the compensation system has not been established.Through combing the main problems of China's antitrust civil litigation system, based on the experience of the extraterritorial system, the author puts forward some relevant suggestions. Based on the model of order construction, the basic principles of antitrust civil litigation are established. On the plaintiff's qualification of antitrust civil action, we suggest to use the "damage standard" of the EU to confirm the indictment right of the indirect purchaser; in the establishment of group litigation system, according to the particularity of monopoly damage,Standardize the admissibility of expert testimony, establish evidence disclosure system, pay attention to administrative law enforcement agencies and antitrust civil litigation evidence on the convergence of the plaintiff from the whole to reduce the plaintiff, In the compensation of damages, amend the elements of the antitrust civil litigation, reasonably determine the scope of damage and calculation methods, and introduce multiple damages system.This study comprehensively on the basis of the theory of sociology, political economics, legal economics theory and social regulation theory, study the feasibility of anti-monopoly civil litigation based on and its system construction. Based on the anti-monopoly civil litigation theory, the monopoly of social harmfulness broke the boundary of traditional civil action. In the value orientation of social public interests and competition order, given the anti-monopoly law attribute of social regulation, the social regulation law closely correlation with organic whole society theory, the new guidance idea gives the antimonopoly law. On the individual value orientation of holism; Risk prevention and order in the construction of the target; Function default rules to guide; Responsibility and is implemented on the advance on the judicial activism. Under the guidance of this concept, as the main problem of anti-monopoly civil litigation provides a new train of thought and the way of settlement. By order of the traditional dispute resolution model to build model, under the cognitive, strengthened the order built on concrete system the necessity of reform and innovation.