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Study On The Burden Of Proof In China’s Anti Monopoly Civil Action

Posted on:2018-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:L M LiFull Text:PDF
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The implementation of "anti monopoly law" not only provides a guarantee for the national public authority to regulate the monopoly behavior,maintaining market competition order,but also give the ordinary civil subject through anti-monopoly civil litigation to safeguard their legitimate rights and interests.However,due to the late start of the relevant rules in the field of anti-monopoly law in China,there are still many problems in the antitrust civil litigation system in the judicial practice.One of the more prominent is the burden of proof.The basic principle of "who advocates,who gives evidence" is follo,wed by the traditional civil procedure,that is,the parties have the obligation to prove their claim to the court.But because of the anti monopoly civil case is more complicated and the most professional,the monopoly behavior and the damage is usually scattered and difficult to define,and at the same time between the defendant who often force v.information gap,not so serious.These factors caused the differences of anti-monopoly civil litigation than normal,resulting in the prosecution of the difficulty of proof in litigation is very large,the litigation cost is also high.Although the Supreme People’s court in June 1,2012 promulgated the "anti-monopoly law" judicial interpretation of antitrust civil litigation,allocation of the burden of the Central Plains to determine the dominant market status and access to evidence of expert witness rule to modify and adjust,to a large extent alleviated the pressure of the plaintiffs burden,but not fundamentally to solve the problem,the burden of proof is difficult,successful rate is low,the high cost of litigation problems still exist.Therefore,the research on how to perfect the system of burden of proof in anti monopoly civil litigation will be very meaningful.This paper is divided into four parts.The first part by observing the general characteristics of anti-monopoly civil litigation,combined with the analysis of actual cases,summed up the antitrust civil litigation dilemma;the second part is the in-depth analysis of the current legal system of anti-monopoly civil litigation,especially the monopoly agreement litigation and the abuse of dominant market position in the litigation rules of evidence,obtained the burden of proof the plaintiff overweight this conclusion is the major challenges that the system faces;the third part of the burden of proof theory,to explore the value orientation and the standard theory of burden of proof theory,seeking theoretical support for perfecting the anti-monopoly civil litigation rules of burden of proof;the last part combined with theoretical analysis,put forward to expand the inversion of responsibility the applicable scope,expand the scope of the plaintiff to the court for investigation of the construction of multiple flexible counter The standard of proof in civil litigation,monopoly increase information disclosure obligations of operators sued four suggestions.
Keywords/Search Tags:anti-monopoly, civil litigation, burden of proof
PDF Full Text Request
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