Font Size: a A A

Research On The System For Burden Of Proof In Anti-Monopoly Civil Procedural Of China

Posted on:2014-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:S ChenFull Text:PDF
Abstract/Summary:PDF Full Text Request
Abstract:Private enforcement is inadequate in China, It has a close relationship with the distribution of the burden of proof in Anti-Monopoly civil procedural. According to the rule for the burden of proof in civil procedural, Plaintiff has to take a heavier responsibility for the burden of proof. The case in Anti-Monopoly civil procedural is always professional and complex, So plaintiff gets trouble in providing evidence.For the purpose to strengthen the development of private enforcement, The burden of proof in Anti-Monopoly civil procedural of China has to reconstruct by the feature itself and experience in foreign county. To lighten the burden of proof in Anti-Monopoly civil procedural for the plaintiff, so as to increase the enthusiasm of private enforcement.Anti-Monopoly law of China regulates four violations:Monopoly agreements, Concentration of Business Operators and Administrative monopoly, Abuse of dominant market position. Concentration of Business Operators has to prior report, Administrative monopoly suits administrative responsibility. Both of these two violations are not applicable for civil liability, So the Anti-Monopoly Civil Procedural only needs to talk about the others. Anti-Monopoly civil procedural has two remedies for private, One is excluding the infringement, The other is compensating the loss. The monopoly agreements and abusing of dominant market position can distribute the burden of proof in Anti-Monopoly civil procedural by the constituent elements of excluding the infringement and compensating the loss. To mitigate the burden of Proof in Anti-Monopoly Civil Procedural for the plaintiff, so as to strengthen the private enforcement.
Keywords/Search Tags:Anti-Monopoly Law, Civil Procedural, Burden of Proof
PDF Full Text Request
Related items