Research On The Plaintiff Qualification Of Antitrust Civil Litigation

As an important part of private enforcement of antitrust law,antitrust civil litigation is essentially a private right type litigation based on private interests.The special civil litigation based on the traditional civil litigation has a dual purpose: on the one hand,it satisfies the effect of determining the conflicts of interest conflicts;on the other hand,it achieves the prevention of monopoly risks in the public interest and the construction of the competition order through private relief.Plaintiff qualification determination is a turbulent field in the academic research and system practice of antitrust law.In the eleven years of implementation of antitrust civil litigation,China has established a unique antitrust civil litigation system,but it has not yet played its role.Natural system function.The deeper reason is that the plaintiff’s qualification determination standard is not clear and cannot obtain the right to enforce the lawsuit.That is,the modern disputes expand the party’s qualification theory,and the current legal framework still lacks the determination standard for the plaintiff’s qualification,resulting in the plaintiff in judicial practice.Litigation obstacles exist in the determination of qualifications and the exercise of litigation rights.Therefore,it is necessary to clarify the concept of plaintiff qualification in anti-monopoly civil litigation and conduct context limitation and jurisprudential value analysis.Then,from the empirical perspective,analyze the dilemma and root causes of plaintiff qualification in anti-monopoly civil litigation in China,and then solve our problems For the purpose of conducting comparative law research,to examine and analyze foreign systems from a broad global perspective,they can be digested and absorbed.Finally,based on China’s market situation and judicial status,we have created and perfected specific rules for the qualification of plaintiffs in antitrust civil litigation.The full text is divided into four parts: Chapter I from the unique characteristics of monopoly violations in litigation,the contextual qualification of plaintiff qualifications in antitrust civil litigation,research on the issues of private interest litigation under the framework oflitigation proceedings,excluding antitrust Civil public interest litigation,at the same time,explore the legal value of the plaintiff qualification of antitrust civil litigation,in order to solve the core and preemptive issues in the antitrust legislation and implementation.The second chapter explores the reality and roots of the dilemma faced by the plaintiffs in my country’s antitrust civil litigation from the three dimensions of theory,system and practice.Theoretically sorts out the development trends of the party’s fitness theory and chooses to meet the requirements of the expansion of the party’s fitness theory in anti-monopoly civil litigation;the system is interpreted from the legal context of legal texts and judicial interpretations,constrained by the traditional “direct interest” It is difficult to accurately analyze and respond to the monopoly problem under the new situation;in practice,106 cases of judgment documents were sorted out and selected as a sample analysis.The traditional plaintiff qualification standard restricts the exercise of the right to tell,and some cases break through the traditional plaintiff qualification rules and lack theory Elaboration of the legitimacy.The third chapter analyzes and analyzes the practice path and theoretical exploration outside the domain from the perspective of legislation and cases,systematically identifies problems,draws on advantages,optimizes selection,and standardizes construction,so as to realize the necessary turn of my country’s certification standards.Chapter IV establishes and perfects the plaintiff qualification system,based on China’s market situation and the real situation of judicial dilemma.The road to “breaking the cocoon” of China’s antitrust civil litigation needs to adopt the basic principle of“limited plaintiff qualification” in order to seek “antitrust According to the "best executor" of the Law,the qualification of the plaintiff is conditionally determined according to the degree of violation of monopoly violations,and the identification standard of the plaintiff in China’s antitrust civil suit should be determined as the "monopoly damage standard".The overall role of direct buyers,indirect buyers and competitors in the competitive field and the degree of violations of monopoly violations are eligible for the plaintiff.