On The Perfection Of China’s Anti-monopoly Private Litigation System

On August1,2008, the Anti-monopoly Law of the People’s Republic of China came into effect and China entered an era of antimonopoly。This law has played an important part in preventing and curbing monopoly, ensuring fair competition in the market, advancing the efficiency of economic operations and promoting a healthy development of socialist market economy。The private antitrust action, as a part of the antitrust lawsuit system, acts as an important approach to accomplish the goals of antitrust legislation。However, many problems emerged in the judicatory practice of private antitrust action。 Meanwhile, researches on private antitrust action still relatively lag behind in China。In this case, it is of great significance to explore on this issue。On January1,2012, the Judicial Committee of the Supreme People’s Court passed the "Regulations of the Supreme People’s Court on Law Application in Monopoly-caused Civil Cases" in its1539th session。This judicial explanation aims to solve the cases, which are related to monopoly-caused loss and contract content together with regulations and rules of associations violating the antimonopoly law, and where the natural person, the legal person and other organizations file lawsuit at the Court。Its stresses are put on detailing the regulations about the trial level of cases, the burden of proof, and the limitation of the action。This will help promote the rapid development of private antitrust action, further realize the objectives of antitrust law legislation and ultimately facilitate the building of a fair and sound order of our market economy。With the study on this issue, the author expects to comprehensively evaluate and analyze the "Regulation", especially its judicial proceedings such as the jurisdiction, subject qualification and the burden of proof, so as to find out the gaps in the "Regulation" and strive to make some improvement。Starting with the current situation of the system of the private antitrust action in China, this paper is built on the study of relevant theories and the analysis and appreciation of similar systems in developed countries。Moreover, it evaluates and analyzes the "Regulation" with an aim to make some theoretical improvement。The first part is the literature review of questions related to private antitrust action and the rearrangement of its current concepts as well as its current state of research。The second part introduces the significance of the private antitrust action in three aspects and its three patterns so as to help build a deeper understanding。The third part evaluates and analyzes the "Regulations" from five aspects: plaintiff qualification, jurisdiction, the burden of proof, the relationship between the proceedings of private antitrust action and its public execution program, and loss compensation;Based on the evaluation and analysis of the third part, the fourth part presents the improvement of the private antitrust action from the perspectives of plaintiff qualification, the burden of proof and loss compensation mentioned in the earlier chapter。...