The System For Burden Of Proof In Anti-monopoly Civil Procedural

China’s anti monopoly law of civil litigation proof responsibility distribution unreasonable direct result of China’s antitrust private enforcement deficiencies.According to the traditional civil action principles, The people who assumed the burden are the plaintiff.However,the illegal monopoly disputes are different from ordinary civil cases,these illegal acts have their own particularity, the burden of proof and won the suit are two major difficulties faced by the plaintiff. The anti-monopoly Law by our provisions that China’s anti-monopoly law against the contacts to the monopoly contact between the operators and the other operators, reckless with greed abuse of a mainly market status, acting on the administrative monopoly and four kinds of behavior, the concentration of business operators have their own law enforcement agencies on the regulation, and on the problem of administrative monopoly is the administrative responsibility should be relatively, monopoly contacts and disputes of dominant market position. The victim can seek relief to remedy is to exclude the infringement and damages. But according to the introduction of China’s anti-monopoly law and the relevant judicial interpretation of antitrust liability provisions of the provisions of that little, or very broad, or is some principle the provisions did not have a complete set of system. So, according to the elements of exclusion against the claim and claim for damages of the burden of proof of the two kinds of illegal monopolistic behavior of the specific allocation, appropriate to reverse the burden of proof, to set a complete system of antitrust proof the system, in order to promote and strengthen the private enforcement.This article could be cut four parts, first part introduced anti monopoly civil litigation proof of the basic theories of the responsibility, first the concept definition of monopolistic behavior, and then writes the allocation of the burden of theoretical knowledge, immediately leads to the anti monopoly civil litigation concept, the difference of function and anti monopoly civil litigation and general civil litigation.The second chapter is mainly written in China’s anti monopoly civil litigation proof duty of legislation present situation and existing problems, problems summed up four aspects, from the main body of proof that the object of proof responsibility that allocation of responsibilities, standard of proof four aspects to discuss.The third part mainly introduces the USA, the UN and Japan in this regard, the extraction of foreign mature legislation and institutional experience.The fourth chapter mainly according to the problems discussed in the third chapter of antitrust civil litigation to prove the responsibility system.The books used mainly are the latest version, reference to the scholars of the frontier thought view and shortcomings is data collection, no reference to doctoral dissertations and foreign materials, some content is too simple.