The Study Of The Rule Of Evidence In Anti-monopoly Civil Action

Since the implementation of the anti-monopoly law in2008, China’s anti-monopoly civil cases are not too much, but most of the cases the plaintiff loses or be withdrawal in the end. This regard is subject to the existing legal system, such as the subject of proceedings, the restrictions of the nature of the case as well as the trial for lack of strength. However, the most important is the lack of the system of evidence known as the backbone of Procedure Law in judicial practice.This article first analysis the concept, the characteristic and the particularity of the evidence system of anti-monopoly civil action. Projecting that the antitrust action is public welfare, economic and complexity, and the litigant parties’capabilities is unequal. These characteristics required the rules of evidence in civil antitrust are different from ordinary civil. Then this article introduces about foreign evidence systems, including expert evidence in antitrust civil, adoption of the resolution on the effectiveness of anti-monopoly law enforcement agencies, determining of the imputation principle, the application of indirect evidence, as well as the burden of proof, the standard of proof, evidence collection and other related systems requirements. It is complex, especially when China’s relevant experience is not sufficient in these cases. Later this article introduces some related legislation and judicial practice situation and the existing problems. Through introducing about the legislation of the evidence of civil antitrust laws and regulations is not specific enough, perfect, there are still some problems. Finally, the article on these issues based on the analysis, put forward relevant suggestions for improvement. Proposed in the antitrust civil should establish the adoption of standards of expert evidence, increase the role of anti-monopoly law enforcement agencies in litigation, strength the Court’s Discovery powers, establish appropriate standard of proof, implement the minimum standards evidence proposals.Through the above, the article analyzed comparative, and then pointed out the problem of evidence system for civil anti-monopoly, and presented some suggestions. Suggests that use the experience of the developed countries for reference.This article expected through the analysis about the question of anti-monopoly civil action evidence system exists at present to propose some suggestions, which can perfect the law system, cover the shortage, promote the anti-monopoly civil action to carry on smoothly, achieve the legislation goal of anti-monopoly law, then promote the market economic to develop healthy.