Research On Evidence System Of Antitrust Civil Action

The evidence is the key to the right of the parties to the proceedings can get relief and security, is the foundation of the lawsuit system. In 2008 with the implementation of the anti-monopoly law, related to antitrust civil lawsuit also emerged. Due to antitrust civil litigation cases of professionalism, the burden of proof and the particularity of proof standard, therefore, in the anti-monopoly civil litigation case, special evidence system is required to support for such cases.In this paper, the concept, content and characteristics of antitrust Civil Evidence System starting point for the study and use of the comparative method comparison related extraterritorial system, then put forward deficiencies in the use of this kind of litigation evidence system exist and perfect proposal. The purpose is to correctly apply the antitrust laws and the relevant judicial interpretations, as well as the correct application of the law of civil procedure evidence system, improve our legislation, which assist the practical application, reducing the party defendants tired, safeguard their legitimate rights and interests.In judicial practice, for the introduction of new evidence, according to the characteristics of anti-monopoly civil litigation particularity, this paper suggested that the introduction of anecdotal evidence and expert testimony two types of evidence, in order to assist in anti-monopoly civil litigation in judicial practice in our country.On the basis of the perfection of evidence types, to applies itself illegal principle and the reasonable analysis principle under different rules of evidence. In the current anti-monopoly civil litigation law, the burden of proof of obvious over defendants, based on the fair principle, law, must be specified explicitly related legal concepts, reduce legal loophole. Such as the concept of "relevant market". In addition, to expand the main body of the burden of proof is determined by the anti-monopoly civil litigation category widespread, but also in the prosecution of his obligations under the onus probandi inversion problems. Proof standard is the key factor in the judge decided for evidence. Article advice proved standard be explicitly stipulated by legislation, and discusses the advantage of "evidence" when applicable relevant proportion and prove standard in specific applicable rules.Collection and preservation of the evidence for the use of antitrust civil action evidence system is very important. Due to the fuzziness possessed by the anti-monopoly act and complexity, decided the plaintiff in collecting and preserving evidence difficult. And by establishing the raid system and discovery system to prevent evidence, and strengthen the court evidence to obtain power, pay attention to the anti-monopoly law enforcement agency for antitrust evidence, such as the role of to ensure the smooth operation of the anti-monopoly civil litigation in judicial practice is essential.Antitrust civil action evidence system as part of the application system of lawsuit activity, it directly affects the substantive justice of anti-monopoly civil litigation. In this paper, through research, this paper puts forward the anti-monopoly civil action evidence system the insufficiency and the related Suggestions, which will be conducive to ensure the smooth undergoing of anti-monopoly civil litigation activities to promote the implementation of the antitrust laws in our country, protecting the legitimate rights and interests of parties and relief.