Research On The Incentive System Of China’s Antitrust Civil Action

With the further popularization of the culture of fair competition in China’s market,it has become a litigation expectation of the economic law school for private subjects to take up the anti-monopoly legal weapon to protect individual rights and interests and social public interests,and the judicial authorities have tried to promote the development of China’s anti-monopoly civil litigation system through the judicial interpretation of anti-monopoly promulgated in 2012,but from the existing judicial practice,the number of anti-monopoly civil litigation cases in China during the ten years after the implementation of the judicial interpretation is still low,especially from the adjudication results.The number of civil anti-monopoly litigation cases is still relatively small,especially from the adjudication results,the proportion of plaintiff’s successful cases is extremely low,and there are many problems that need to be solved in China’s anti-monopoly civil litigation incentive system,and the relevant incentive mechanism needs to be improved.As an important tool to protect the fair competition and maintain the order of market competition,civil antitrust litigation should give full play to the value of the tool and accomplish the mission of the system.This paper studies the incentive system of anti-monopoly civil litigation in China on the basis of sorting out and analyzing the existing anti-monopoly judicial cases in China,drawing on the more mature anti-monopoly judicial experience in foreign countries and combining the relevant domestic and foreign legal texts,theoretical framework and Chinese soil,and discusses the four levels of proof rules,damages,class action and public interest litigation.Firstly,at the level of the incentive system of proof rules,we propose the rules of customization and the rules of evidence use for administrative enforcement based on the demand for professional proof of the nature of competitive behavior;secondly,at the level of the incentive system of damages,we propose the establishment of a punitive damages system based on the theory of interest of litigation;thirdly,at the level of the incentive system of anti-monopoly class action,we propose the establishment of an anti-monopoly class action system in view of the poor channel from individual litigation to class action.Finally,at the level of incentive system for antitrust civil public interest litigation,based on the particularity of antitrust judicial public interest value,the system concept of public interest litigation,the introduction of third party participation in litigation system and the establishment of public interest fund is proposed.Through this paper’s research on China’s civil antitrust litigation incentive system,the author hopes to use the incentive system as a bridge to match the relatively solidified antitrust legal text with the flexible competition scenario and to contribute to the further development of China’s antitrust cause.