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A Study On The Burden Of Proof In Abuse Of Disputes Over Market Dominance

Posted on:2016-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q YuanFull Text:PDF
GTID:2206330461458786Subject:Law
Abstract/Summary:PDF Full Text Request
In 2014, Chinese were swept by "antitrust storm", the anti-monopoly law gives a large enforcement agency of the Japanese enterprises out of 1,200,000,000 tickets, Chinese anti-monopoly law has made remarkable achievements in the implementation of public domain. In the field of civil litigation, the Supreme People’s Court has Made a final court decision to the case that were called “The first case of Internet ”.I t be regard as a case that have great progress in the history of antitrust litigation. But in general, It is unpopular for our country citizen that initiative by the anti monopoly law as a weapon to claim and seek positive relief. Because, on the one hand,the importance of the anti monopoly law doesn’t attract public attention and lack of competition in China’s culture, on the other hand,Action mechanism is matched with the antitrust litigation and phase is relatively short. As an antitrust lawsuit,the case won’t be successed expect much money and time be spended.If litigious party haven’t an larger distribution in the proceedings of the original defendant proof ability, standard of proof design reasonable, ordinary people is very difficult to direct Sue big monopoly. The case of Qihoo v. Tencent was able to complete the program,because before,the case were decision both sides of the case are in the former defendant is a certain strength of the enterprise,but private litigation, it is fundamental to the plaintiff cannot be provided.In the case that abuse of dominant market position related to the dispute while trialing, it exits the problem that the plaintiff provides the evidence which will weaken the basis "consumers or enterprises.According to the violation of the people’s Republic of China anti monopoly law" rely on maintaining a positive self interests in judicial power. "Provisions of the Supreme People’s Court on the trial of cases of civil disputes some of application of law hereinafter referred to as the " monopoly disputes judicial interpretation " the monopoly of the" remits the difficulties of proofing for the plaintiff relief has in some extent, but there are still not perfect.The main performance is that it hasn’t made significant breakthroughs in alleviating the burden of proof and the burden of proof of plaintiff, the judicial interpretion doesn’t have. The judicial interpretation of the Supreme People’s court is that the "anti-monopoly law" in practice such as how to operate under the guidance of the advice provided. Conflict of judicial interpretation cannot be with the National People’s Congress enacted the law review. Has no right to "anti-monopoly law" amendments to the content of the supplement, because the NPC and its Standing Committee kept the law the power of judicial interpretation. Therefore, the "antimonopoly law" has not stipulated, the court is difficult to get substantive breakthrough. Therefore, our country in the abusing of dominant market position Litigation, Plaintiff still(has) heavier burden on the burden of proof(in our country).The responsibility of proofing that abuse the dominant of the market should be stipulated in civil action "who advocates, who proof" as the first principle, but because the antitrust case has the particularity, the burden of proof should be part of the fact alternative provisions, in order to get a better proof of the facts of the case in This article, attempts to the empirical analysis of facts and verdict on Qihoo v. Tencent case, it attempts to discuss the difficulty in the specific case proof citation in difficulties, and proposes the corresponding countermeasure. I hope that it has a benefit by the time to our country abuse of dominant market position of the burden of proof.
Keywords/Search Tags:The burden of proof, The relevant market, The status of dominant market, The system of evidence
PDF Full Text Request
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