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

Posted on:2017-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:H C WangFull Text:PDF
GTID:2356330503981651Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The main content of this paper is the distribution of burden of proof in civil litigation. The first part from our country antitrust civil litigation evidential burden distribution system present situation and status of implementation of the antitrust civil litigation writing, from find problems existing in China's anti monopoly civil litigation of the allocation of the burden. Then discuss a series of special characteristics of the anti monopoly litigation itself, in order to explain the necessity of adjusting the distribution of the burden of proof in China's current anti-monopoly civil action. The second part first analyzes the theoretical basis of the distribution of the burden of proof in civil litigation, and then discusses the value implication of the distribution of the burden of proof in the civil action of anti monopoly and the two kinds of analysis methods. The main purpose of this part is to explain the rationality of the distribution of the burden of proof in the civil action of anti monopoly. The third part is the comparative law study, the anti-monopoly civil litigation in the western developed countries for a long time has a rich practical experience and a relatively complete system of foundation, there is a great research and reference value. Through the summary of the experience of the United States, Germany, Japan and three countries in the anti-monopoly civil litigation evidence, found that common, for our country to provide reference. The fourth part of the combined with the previous exposition is given to improve the China's anti monopoly civil litigation the allocation of the burden of the author's own thinking, mainly from the antitrust civil litigation the plaintiff obtain evidence difficult loss and burden of proof of plaintiff ease give specific recommendations. Reason is divided into the two look somewhat similar aspects, because strict to inspect department law of distribution of the burden of proof, the plaintiff to obtain evidence is does not belong to the category of the burden of proof, can only be classified in and subjective burden of proof relevant supporting evidence system. These two can not be the same, but the plaintiff to obtain evidence of the difficulty of the burden of proof and the final distribution is closely related, so put forward. Specifically, the anti monopoly civil litigation the plaintiff obtain evidence difficult reduction through two ways to achieve: one is anti monopoly law enforcement agency's support of the civil litigation, the second is the introduction of evidence discovery system in the United States; and reduce the burden of proof of plaintiff through relaxation of the standard of proof of certain facts of the plaintiff, confirmed some presumption of fact and set inversion of burden of proof is the three aspects to achieve.
Keywords/Search Tags:antitrust, Distribution of burden of proof, Antitrust civil litigation
PDF Full Text Request
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