Research On Anti-Monopoly Civil Litigation System

The promulgation of the "Anti-Monopoly Law" issued by China is the guarantee of the healthy operation of China’s socialist market economy.After the introduction of the anti-monopoly judicial interpretation,the civil litigation was put on a new stage,stimulating the enthusiasm of individuals who suffered damage in the monopolistic behavior to take the initiative to file a lawsuit.The development of anti-monopoly civil litigation helps to make up for the deficiencies of administrative law enforcement agencies in monopoly cases,and its practical significance is enormous.The "Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Caused by Monopolistic Behaviors" passed by China on January 30,2012 has taken a new step for the development of anti-monopoly civil litigation.However,due to the depth and breadth of the scope of the monopoly case,the large amount involved,the complexity of the case,and the professionalism of the trial have led to differences from the general civil litigation.Due to the late start of China’s anti-monopoly civil litigation system,the development time is still short,and the relevant supporting mechanism is not perfect.In the trial of the case,there are several major phenomena such as single case type,low plaintiff winning rate and less compensation.This has led to many anti-monopoly civil litigations in the actual judicial practice more in the form,but did not play its effective implementation.Specifically,China’s anti-monopoly civil litigation has some shortcomings in the following aspects: first,the definition of plaintiff qualification;second,the burden of proof;third,the group litigation system;fourth,Aspects of the damages system.In the first part,the author firstly grasps the concept of anti-monopoly civil litigation by combing the theoretical source of anti-monopoly civil litigation.The second part analyzes the structure of western anti-monopoly civil litigation system in depth,and secondly summarizes the advanced experience of western anti-monopoly civil litigation system.In order to find a reference for the improvement of China’s anti-monopoly litigation system.The third part is the node,which elaborates on the development of different stages of China’s anti-monopoly civil litigation.Try to analyze the shortcomings of China’s anti-monopoly civil litigation system at this stage.Finally,it puts forward relevant suggestions and measures to provide some new ideas for the development of China’s anti-monopoly civil litigation system.