Studies On Several Issues Of China's Anti-Monopoly Civil Litigation

The healthy development of the socialist market economy in China can not be separated from a series of legal protection. As China's"economic constitution", Anti-monopoly Law was implemented on August 1, 2008 and it has played a fundamental role in safeguarding market order for fair competition and protecting the legitimate rights and interests of the public. Article 50 of the Anti-monopoly Law provides the relevant terms with respect to civil judicial remedy, which has been formulated to effectively prevent and halt monopoly behavior. Since the promulgation of Anti-monopoly Law, related subjects can bring an anti-monopoly civil litigation on monopoly behavior existing in reality. However, all things are evolving process of continuous improvement. Beside our joy, we should not ignore that the stipulations concerning anti-monopoly civil litigation in this Law are described in only one sentence, so the specific implementation would be facing lots of the confusion. This paper, by using the methods of empirical analysis, comparative analysis, etc., makes an investigation on the specific issues of anti-monopoly civil litigation in China on the basis of the detailed analysis of the actual situation in China and the relevant stipulations concerning anti-monopoly civil litigation both in China and abroad, for the purpose of providing helpful suggestions for the perfection of anti-monopoly civil litigation. In addition to introductory and concluding part, five parts are included in this thesis.Chapter one gives a brief introduction to anti-monopoly and civil litigation. In this chapter, the author makes an investigation on the two essential ways of anti-monopoly, significance of granting the related subjects the rights of bringing an anti-monopoly civil litigation and the insufficiency in the relevant provisions concerning anti-monopoly civil litigation in China.Chapter two intends to make a discussion on the qualification of the plaintiffs in anti-monopoly civil litigation. There are various kinds of plaintiffs, such as the consumers, the business owners, the procuratorial organs and other consumer organizations including the consumer organizations and the trade associations. The author firstly makes an inquiry into the qualifications of the consumers, and then analyzes the qualifications of the business owners, the procuratorial organs and other social groups including the consumer organizations and the trade associations successively.Chapter three makes an inquiry into the jurisdiction of anti-monopoly civil litigation. In this chapter, the author makes an investigation on the domestic jurisdiction and the extraterritorial jurisdiction of anti-monopoly civil litigation case. With regard to the domestic jurisdiction of anti-monopoly civil litigation case, the author makes a comprehensive analysis on the relationship between the jurisdiction of the Courts and the administrative authorities of the Anti-monopoly Law Enforcement Agency, the dispute of setting up special anti-monopoly civil litigation courts or not and the problems on aspects of jurisdiction by forum level and territorial jurisdiction. With regard to the extraterritorial jurisdiction of anti-monopoly civil litigation case, the author makes an examination on the development status of the extraterritorial jurisdiction of anti-monopoly abroad, its impact on our country and the current practice of the extraterritorial jurisdiction of anti-monopoly in our country.Chapter four probes into the burden of proof in anti-monopoly civil litigation. Based on the analysis of the specialty of the burden of proof in anti-monopoly civil litigation, the author analyzes the allocation of burden of proof concerning fault and infringement and so on during the concrete course of litigation. The author also discusses the assistance of the Anti-monopoly Law Enforcement Agency to the plaintiffs who have the burden of proof in this chapter.Chapter five introduces the system of compensation for damages in anti-monopoly civil litigation. In this chapter, the author primarily illustrates the significance of the compensation system for damages to the anti-monopoly civil litigation, and then makes an investigation on the absolute triple damages,single-fold damages and discretionary triple damages. Finally, the author discusses the construction of the compensation system in our country.