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The Research On The Distribution Of The Burden Of Proof In China’s Anti-monopoly Civil Litigation

Posted on:2017-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y J FengFull Text:PDF
GTID:2336330485998089Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the rapid development of market economy in our country, monopoly dispute has increasingly become the hot topic in social life, and civil cases involved antitrust have also gradually increased. The promulgation of Antitrust Law and The Supreme People’s Court on the Provision Concerning the Application of Law in the Civil Case of Dispute Caused by Monopoly plays a critical role in solving monopoly disputes, preventing monopoly behavior and maintaining fair competition of the market. But on the whole, anti-monopoly civil cases still have been less in our country, and plaintiff’s winning rate has been low. The enforcement of Antitrust Law is not so satisfying, which has close connection with our imperfect distribution system in the anti-monopoly civil litigation’s burden of proof.The complication and profession of anti-monopoly civil litigation cause information asymmetry, professional and complicated content and high pay of these burden of proof. So comparing common civil litigation, it has some particularity. However, the existing distribution system of proof burden fails to consider this feature. It leads to a situation that the plaintiff is hard to prove, and bears heavy burden of proof, and then always loses the lawsuit. Distribution system of proof burden is the core of the civil action’s evidence system, which concerns the civil cases. Studying distribution of burden of proof in anti-monopoly civil litigation helps promote the development of our anti-monopoly civil litigation and the actual effect of Antitrust Law. Moreover, it is beneficial to maintain consumer’s interests and the public social interest, and ensure the healthy development of socialist market economy. Thus, researching the distribution of proof burden is of great significance and value.Besides preface and conclusion, this paper mainly consists of the following four parts.The first part states the general principle of distribution of proof burden in anti-monopoly civil litigation. Firstly, it organizes the definition, development, and related types of the antitrust civil action. Then, it briefly introduces the theory about distribution of burden of proof. It also elaborates on the features of proof burden in our country’s civil suit. Lastly, from the point of fair competition and objective justice, it analyzes the value of this distribution in anti-monopoly civil litigation.The second part sets forth the implementation about distribution of proof burden in anti-monopoly civil litigation. This part divides anti-monopoly civil litigation into three parts: monopoly agreement litigation, abuse of dominant market position and concentration. It analyses burden of proof on both plaintiff and defendant in these three different antitrust civil actions in detail.The third part discusses the difficulty what distribution of proof burden in anti-monopoly civil litigation faces. Based on analyzing reality of the distribution system, this part concludes the realistic dilemma of our country’s distribution of proof burden. Firstly, the antitrust civil liability principle is undefined. Secondly the plaintiff’s proof burden is too heavy. Lastly, the antitrust enforcing authority fails to link up with civil action when decisions are made.The fourth part submits some specific countermeasures about the distribution of proof burden in anti-monopoly civil litigation. In viewing the dilemma, this part puts forward some improving measures which include identifying imputation principle, applying simple and rational principle, implementing part reversion of burden of proof, and building up the connection between resolution of antitrust enforcing authority and civil litigation.
Keywords/Search Tags:anti-monopoly, civil litigation, object of proof, distribution of proof burden
PDF Full Text Request
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