Antitrust Civil Public Interest Litigation

In the process of striving to realize socialist modernization,China's economic and technological strength has been greatly improved,but at the same time,China's market competition order is also facing many challenges.At present,the hot social problem is the emerging illegal monopoly behavior,which seriously infringes on the social public interest,destroys the market competition order,and causes incalculable losses to our social economy.However,since the implementation of China's anti-monopoly law,there have been disputes arising from monopoly behavior in the society.However,the law only regulates monopoly behavior from the perspective of entity,and does not establish an independent public interest litigation safeguard procedure to punish monopoly behavior.In addition,the judicial interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of civil disputes caused by monopolistic acts only provides for anti-monopoly private litigation,and the provisions on anti-monopoly civil public interest litigation are still blank.If we want to realize the legislative purpose of safeguarding the public interest in the anti-monopoly law in a real sense,we need to have corresponding civil public interest litigation procedures to cooperate with it.From the perspective of the current anti-monopoly legislation system,we haven't put the anti-monopoly civil public interest litigation system into the framework of the legal system,but from the perspective of theory and practice,China needs to establish the anti-monopoly civil public interest litigation system.In order to enable the public to participate in the litigation effectively and protect the public interest from illegal monopoly,the author starts from the basic theory of anti-monopoly civil public interest litigation in our country,determines the specific scope of application of the system,and analyzes the necessity of the system in our country,including its legal value,social value and judicial enforcement,combining with the theoretical basis The need of anti-monopoly civil public interest litigation system and its advantages make it possible to establish the anti-monopoly civil public interest litigation system in China.On this basis,the most important parts of the anti-monopoly civil public interest litigation system are analyzed and envisaged,that is,plaintiff qualification,burden of proof and litigation incentive mechanism.In the process of system construction,we should first analyze the existing public interest litigation system in China,and then draw on the experience of foreign mature anti-monopoly litigation system,so as to have a clear understanding of the construction of anti-monopoly civil public interest litigation system in China.For the construction of the system,the author puts forward a series of suggestions: first,expand the scope of application of the plaintiff,so that more groups can have the right to participate in the anti-monopoly civil public interest litigation;second,learn from the Japanese evidence assistance system,and implement the principle of inversion of the burden of proof for private plaintiff,reduce the burden of the plaintiff's burden of proof;Finally,implement the cost of litigation costs and litigation incentive mechanism preferential policies,the introduction of legal aid system and public interest litigation insurance.