The Study Of The System Of Civil Proof In Anti-monopoly

Our country Anti-monopoly Law has been seven years since the implementation of the, anti-monopoly civil litigation is a handful, most in a handful of cases or lost or dropped over to the plaintiff. Indeed some of the case in both evidence and the law is not supported by the judge, but there are some cases because the design defect of anti-monopoly civil litigation system in China, lead to this should be to protect the legal interests of not be supported. Proof system as the backbone of civil litigation is especially important for the influence of anti-monopoly civil litigation cases. Through analyzing antitrust civil litigation proof system, the status quo of legal and judicial practice in our country to our country anti-monopoly civil litigation proof system put forward some Suggestions, in order to promote the smooth implementation of The Antimonopoly Law, protection of market competition, protect the social public interests, protect the legitimate rights and interests of consumers, eventually to guarantee the sustainable development of market economy in our country.First of anti-monopoly civil litigation proof system general theory analysis. Through the concept of anti-monopoly civil litigation proof system and feature analysis, illustrate the anti-monopoly civil litigation proof system and general civil litigation proof system differences, antitrust litigants litigation ability disparity, the particularity of the burden of proof, prove the diversity of objects, the complexity of the evidence characteristics require antitrust civil litigation proof system in the specific system design to the same sort of civil litigation system is different. Through the function of antitrust civil action evidence system and the analysis of necessity, shows that the system has importance for anti-monopoly civil litigation. Second, the foreign antitrust civil action evidence system has carried on the contrast research, including expert witness system, discovery, the burden of proof and probability dominant research and introduction of the standards of proof. Through the research and introduction of foreign advanced system, in order to I relatively backward proof system as a reference and learning. Then, to our country anti-monopoly law and judicial practice in the system of civil litigation proof are analyzed, especially the object of proof, the allocation of burden of proof, and carried on the thorough analysis, prove standard in our country’s basic national conditions, on the basis of the foreign system of reference and points out the anti-monopoly civil litigation proof system in our country in burden of proof, the standard of proof, evidence collection and type, and, court organization, and the coordination and administration of the deficiencies and defects. Finally, combining with the judicial practice, the legal system of the antitrust lawsuit of our country and existing problem, put forward the reasonable construction of burden of proof and the standard of proof, explore the introduction of foreign advanced system, perfecting the court organization and the connection with administrative advice. Promote our country to establish more reasonable perfect anti-monopoly civil litigation evidence system.Proof system is an important part of the application system, application system and the real system are complementary to each other. The Antimonopoly Law influence the establishment of evidence system, also the stand or fall of evidence system design will produce very big effect to the implementation of the substantive law. Smooth implementation to The Antimonopoly Law to realize its legislative purpose, we must set up scientific, reasonable and feasible proof system, eventually to promote the antimonopoly law implementation and guarantee the legitimate rights and benefits of dual purpose.