A Study On The Legal Mechanism Of Antitrust Private Litigation In China

Since China’s anti-monopoly law was enacted in 2008 years,it has not achieved the expected social effect in the aspect of private enforcement.To this end,the Supreme People’s Court promulgated the "Regulations" the Supreme People’s Court on Several Issues concerning the application of law of civil disputes caused by the monopoly in May 2012,this also means that China in the next period of time will further improve the antitrust private litigation.Taking this as an opportunity,the author will take the legal mechanism of the private action of the antitrust law as the breakthrough point,draw lessons from the extraterritorial legislative experience,and advocate the establishment of a perfect legal system of private litigation in the anti-monopoly law.This is one of the important points that we should pay attention to the ordinary individuals to participate in the enthusiasm of private litigation,in the aspect of system design,make corresponding improvement in the substantive law or procedural law,first in the incentive function should pay attention to the law,the private subjects should be willing to go into court,the use of private antitrust litigation this law system to safeguard their legitimate rights and interests;secondly,to carry out the reasonable allocation of the burden of proof or design related help system,the court into the ordinary individual,when dealing with monopoly this huge monster,don’t lose the ability to confront in litigation;finally in our country to establish a private antitrust litigation ban,which in favor of personal the legitimate rights and interests of effective relief and protection.