On The Construction Of China's Anti-monopoly Civil Public Interest Litigation System

The Anti-monopoly Law has been in operation for more than ten years,and the development of anti-monopoly civil litigation still faces huge challenges.In order to promote the smooth implementation of China's antitrust law and effectively protect the public interest,it is indeed necessary to build a new type of system-antitrust civil public interest litigation.To construct antitrust civil public interest litigation,we must first clarify the relevant concepts of antitrust law and public interest litigation,clarify the historical evolution of antitrust civil public interest litigation in countries outside the region,and distinguish the similarities and differences between civil public interest litigation,antitrust consumer civil litigation,and antitrust private litigation To lay the theoretical foundation for the construction of antitrust public interest litigation.The necessity of constructing an anti-monopoly civil public interest litigation system is that the frequent occurrence of monopolistic behavior at this stage has caused serious damage to public interests.However,China mainly uses anti-monopoly law enforcement agencies to regulate monopolistic behavior.And the antitrust law enforcement agency system is chaotic,leading to the failure of government public power.In addition,because the anti-monopoly civil litigation system is currently only a general and framework regulation,there is no corresponding procedural law in the anti-monopoly substantive law,the anti-monopoly implementation mechanism has difficulties,and the public interest cannot be guaranteed.Sexual relief mechanism can not meet the actual needs,and the anti-monopoly civil public interest litigation system has its legal basis and economic basis.Therefore,it is urgent to construct an anti-monopoly civil public interest litigation to solve the difficulties of implementing the current anti-monopoly law.The construction of the system needs to reasonably draw on the beneficial experience of anti-monopoly civil public interest litigation outside the territory.The anti-monopoly civil public interest litigation has experienced a long process from sprouting to maturity outside the domain.Germany has formed a model of group litigation,and Japan has formed a system of selected parties,each of which has its own characteristics and can be used for reference.By comparing the specific rules of antimonopoly civil public interest litigation outside the territory,comparing the plaintiff's qualification determination,litigation requests,evidence rules,and litigation costs,find out the rules and regulations that are suitable for China's specific national conditions,and reduce the legal transplantation belt The exclusion.In constructing an anti-monopoly public interest litigation system in China,we must adhere to the principle of combining sanctions with the principle of government intervention and taking into account the fairness and efficiency of system operation.The choice of litigation model draws on the successful experience of foreign countries,combined with China's current civil litigation related system,that is,on the basis of reforming and perfecting the existing representative litigation,the introduction of a group litigation system,do a good job of system integration,and minimize the law Rejection caused by transplantation.In terms of the construction of specific antitrust public interest litigation rules,in terms of accreditation of plaintiffs,efforts are made to promote professional institutions such as procuratorial organs and social welfare organizations to file public interest litigation.In order to prevent excessive litigation,market participants,including producers and consumers,can only To become a prosecution subject,all public remedies must be exhausted and relevant certificates must be issued to the court in order to file a public interest litigation;in terms of the rules of evidence,the judge is given appropriate discretion,and the system of inversion of burden of proof is adopted according to the actual situation to increase the implementation of monopoly The party 's burden of proof;in terms of the cost-sharing mechanism,set up a special antitrust public interest litigation fund,which provides the initial necessary fees.In the case acceptance fee,various measures are taken to reduce or exempt the plaintiff 's costs.The appraisal fee,evidence collection fee and other reasonable and necessary expenses are included in the defendant 's compensation scope;in terms of punitive mechanism,punitive compensation is imposed according to the actual market loss or the profitability of the enterprise,and part of the compensation is allocated to the antitrust civil public interest litigation fund.Part of the reward Lift the subject of litigation.