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Research On The Distribution Of The Burden Of Proof In Civil Litigation Of Abusing The Dominant Position Of The Market

Posted on:2021-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:X Y CaiFull Text:PDF
GTID:2416330611965722Subject:legal
Abstract/Summary:PDF Full Text Request
With the deepening reform of market economy and the promulgation of anti-monopoly law and judicial interpretation,the number of cases of abuse of market dominant position is increasing,so it is necessary for market individuals to file civil lawsuit of abuse of market dominant position in court.However,as an important way to regulate the abuse of market dominant position,the current situation of the development of civil litigation of abuse of market dominant position in China is not satisfactory,and there are few cases winning in the civil litigation of abuse of market dominant position,which has an important relationship with the failure of reasonable distribution of the burden of proof in the civil litigation of abuse of market dominant position in China.The civil action of abusing the dominant position of market is different from the general civil action,which has the characteristics of great disparity in the ability of proof of the plaintiff and the defendant,and high professional degree in the content of proof.Although in the anti-monopoly law and judicial interpretation,special consideration has been given to the distribution of the burden of proof in the civil litigation of abuse of market dominant position in China,but it has the defects of fuzziness and low applicability.The court mainly follows the general principle of distribution of the burden of proof in the civil procedure law,which is "who claims,who adduces".Through the empirical analysis of the cases of abuse of market dominance in civil litigation,it is found that there are various problems in the distribution of the burden of proof in civil litigation of abuse of market dominance in China.First of all,the plaintiff is given a heavier burden of proof,which is mainly caused by the lack of evidence investigation right of relevant market and the plaintiff's need to prove the negative competition effect;second,the distribution of the burden of proof in civil litigation of abusing the dominant market position is unclear,mainly including the unclear transfer of the burden of proof in the dominant market position and the evidence used by the court.At last,it can not meet the needs of the plaintiff in collecting evidence.The existence of these problems not only reduces the rationality of the judgment results of the cases of abuse of market dominance,but also seriously hinders the further development of the civil litigation of abuse of market dominance in China.In this regard,we should start from the application of the existing rules of burden of proof distribution and related rules in practice,and reasonably construct the system of burden of proof distribution in civil litigation of abusing the dominant market position.
Keywords/Search Tags:Abuse of market dominance, Civil action, Distribution of burden of proof
PDF Full Text Request
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