| Under the influence of the socialist market economy, the problems associated with monopoly disputes. In the monopoly law enforcement process, due to this kind of behavior has a wide coverage, far-reaching, so it is difficult to rely solely on the administrative law enforcement agencies to monopoly for effective governance. Antitrust civil litigation will accordingly in the future play a more important role in the economic life. Because our country market economy development time is shorter, the degree of development is lower, thus has close relations with our country market economy development of monopoly behavior study also relatively small. Antitrust civil litigation is the key to get enough evidence, the evidence of one of the most important is the certificate standard. The judge of the selected certificate standard, the judgement of a certain extent, affects the monopoly, but also affects the specific compensation. This paper around the antitrust problem of proof standard in civil litigation, through the analysis of its present situation and research, and then put forward to improve the anti-monopoly civil litigation proof standard.From four different angles, this paper respectively in this paper, the anti-monopoly civil litigation proof of different standards.The first part: the meanings and contents of the specific statement antitrust civil lawsuit, through to the anti-monopoly civil litigation proof standard and accurate definition, a system for expansion of this article provides a good foundation.The second part: from set out actually, by analyzing the current domestic anti-monopoly civil litigation proof standard status and the deficiencies, and then studies the necessity of perfecting anti-monopoly civil litigation proof standard, thus come to the conclusion that in the judicial field for antitrust civil litigation is still lacking, development is not perfect, did not form a complete proof standard mechanism.The third part: analysis of anti-monopoly civil litigation proof standard system, and further study of continental law system and Anglo-American law system of differences in the standard content. In the Anglo-American law system, anti-monopoly civil litigation proof standard adopted by the theory of "advantage of" probability theory, evidence as civil litigation proof standard to advantage. With the different, in continental law system, the country tends to reduce theory as the anti-monopoly civil litigation proof standard. In Japan, for example, in the antitrust civil lawsuit. Proof standard is divided into two kinds of different, in addition to that, the other is "no strict proof".The fourth part: put forward to perfect our country’s anti-monopoly civil litigation proof standard system.The author through the above analysis and comparison of anti-monopoly civil litigation system in our country is still not perfect, the level of chaos, not to balance the size of the probability is, this is not conducive to meet the anti-monopoly civil litigation Requirements. At present, our country should set up a multi-level system of civil litigation proof standard, and learning advanced western judicial experience and proof standard, according to the different object and different proof standards in specific litigation subject, thus set up a perfect anti-monopoly civil litigation proof standard system. |
