Some Basic Problems Of Antitrust Private Litigation In China

China promulgated the "anti-monopoly law" in2007.The fiftieth article of this Law imposes that private may bring a civil action to the monopoly behavior, but there is no related to the specific contentious procedure.This thesis combines judicial interpretations promulgated in2012,through the introduction of in developed country of rules of procedure,contrasting with the current regulations of our country,gives some improvement suggestions to the problems in the process of achieving the antitrust private litigation.The first part of thesis compares antitrust private litigation with some similar concepts, summarizes the basic characteristics of antitrust private litigation,points out that we should and we can develop antitrust private litigation,and brings forward some important problems during the process of litigation.The second part of thesis discuss the qualification of plaintiff of antitrust private litigation.Through summarizing the general principle of the qualification ofplaintiff,discuss the conditions of the qualified plaintiff,and analyses the plaintiff status of consumers and some important problems in public interest litigation and group litigation.The third part of thesis discuss the jurisdiction rules. By comparing the domestic and foreign to the jurisdiction rules of antitrust private litigation,points out that we need to be improved in this system and suggestions for improvement.The fourth part of thesis discuss the rules of envidence.From three aspects which are evidence acquisition, the allocation of the burden of proof and the effectiveness of the decision which is made by law enforcement agencies,by comparing the rules of the United States and rules of European Union to analyse of the deficiencies of our legislation,and gives some suggestions for improvement.The fifth part of thesis is conclusion which gives a simple summary to all the arguments of this thesis.