Research On The Burden Of Proof In Abusing Market Domination Litigation

The "Anti-Monopoly Law" is a constitution in the field of market economy.In 2008,China introduced the Anti-Monopoly Law of the People's Republic of China(hereinafter referred to as the "Anti-Monopoly Law").Article 50 confers on victims affected by the monopoly enterprises losses.Companies that can require monopolistic conduct may bear civil liability.But the effect is not ideal,and the cases in which the plaintiff won the case were rare,and the only case in which the plaintiff won a sensation was the case of Sharp State v.Johnson.There are many reasons for this situation.This paper selects the most representative abuse of market dominance status in China's anti-subsidy lawsuit.After empirical analysis,it starts with the important influencing factors of the burden of proof system and analyzes the existing abuse of market power in China.The problems and deficiencies in the burden of proof system in status lawsuits,on the basis of examining the successful experiences of representing the country outside the domain,put forward proposals to improve China's abuse of market dominance in the litigation burden of proof system.In addition to the introduction and conclusion,the text is divided into four parts:The first part first introduced the characteristics of abusing the dominant position of market dominance in order to distinguish it from ordinary civil litigation cases.The purpose was to elicit the purpose of this paper: against the abusing of dominant market position,the setting of the burden of proof differs from that of a general civil case.System to reduce the plaintiff's burden of proof.In the second part,through the analysis and analysis of legislation and practice concerning the burden of proof in China's lawsuit against abuse of market dominance,the real problems are summed up in order to provide relevant solutions for the following suggestions.The third part is the inspection and analysis of the comparative representative European and American abuse of market dominance lawsuit burden of proof system,and compared with the relevant systems in our country,to explore the superior system for our reference.The fourth part is based on the above analysis,and proposes some perfect measures for China's abuse of market dominance standing lawsuit burden of proof system,including improving the system of distribution of the burden of proof system,improving the evidencesystem,appropriately lowering the standard of proof,and strengthening the discretion of judges.And speed up the convergence of antitrust enforcement agencies and courts.