Study Of Anti-trust Civil Litigation System

Anti-monopoly law called the economic constitution is the fundamental economic law of market economy countries, which has undergone centuries of development into maturity. The introduction of civil litigation system makes the monopoly damage get new relief rights. Civil litigation system of anti-monopoly law has not only a reasonable theoretical foundation, but also strong advantages. It is the cooperation of various specific systems that makes the implementation system of anti-monopoly law so effective. The anti-monopoly practice of the world's major countries and regions shows that civil litigation system of anti-monopoly law plays a important role in the process of anti-monopoly. The advanced experience of western countries has important reference value for the improvement of civil litigation system of anti-monopoly law in China, and is worth being studied.According to related legislative experience of civil litigation system of anti-monopoly law in western developed countries, this paper suggests choosing direct litigation mode in China's legislation, establishing a centralized governing system, expanding the scope of eligible plaintiffs, introducing the system used at the discretion of triple damages, two-track responsibility system principle, and burden of proof system, building environment for systems running, to improve China's civil litigation system of anti-monopoly law and ensure social justice and personal interests.This paper consists of four parts. The first part is the introduction, which focuses on an overview of the research background and practical significance of civil litigation system of anti-monopoly law, and emphasizes its powerful advantages in the world. According to the present status of development of civil litigation system of anti-monopoly law in China, this part points out the great significance of improving it. The second part discusses the fundamental issues about civil litigation system of anti-monopoly law. Firstly, this part defines the concept of civil litigation system of anti-monopoly law, and analyses the features of it. Then, this part analyses the important functions of it from the two aspects of ideal and reality. The third part discusses the learning from western countries'experience of civil litigation system of anti-monopoly law. This part investigates and analyses modern western countries' practice of legislation. Through analysis and comparison of all the aspects of the design of civil litigation system of anti-monopoly law in U.S., EU and Japan, including courts of jurisdiction, qualifications of the plaintiff, responsibility principle, damage compensation system, burden of proof system, limitation and cost of litigation and functions of enforcement agencies of anti-monopoly, etc., this part sums up the successful experience of current civil litigation systems of anti-monopoly law in the world, which is an important reference for improving China's civil litigation system of anti-monopoly law. The fourth part discusses the improvement of China's civil litigation system of anti-monopoly law. According to China's historical tradition and current conditions, this part makes a detailed analysis of the necessity and urgency of improving China's civil litigation system of anti-monopoly law. And based on the absorption of advanced legislation and practical experience of western countries, this part presents some proposals for improving China's civil litigation system of anti-monopoly law.