Seveal Issues Of Abuse Of Market Dominance Civil Procedure

In the early implementation of the "anti-monopoly law", the theory and the legal system are imperfect, there are many civil actions to be explored and to be solved in the abuse of a dominant market position, such as the definition of the dispute, the plaintiff qualifications and expansion, civil litigation and administrative the convergence of enforcement procedures, rules of evidence, the group process, litigation costs, civil liability, limited space and limiited knowledge, only select from several problems to be analyzed in detail.Firstly, the basic theory of abuse of market dominance, discusses the abuse of a dominant market position in civil disputes to define the problem, that all need to be "anti-monopoly law," the abuse of a dominant market position in the relevant provisions of the referee based on a civil dispute, all belong to the abuse of market dominance of civil disputes, and analyzed abuse of market dominance professional civil disputes, public welfare, and so does the strength characteristics of the party litigation. Secondly, by comparing the abuse of market dominance civil action the plaintiff to determine the eligibility criteria and limits, and in the analysis and evaluation of the basis of abuse of market dominance plaintiff qualifications relevant provisions of the Civil Procedure on adoption of "Suzhiliyi" standard and the "impact standard "abuse of a dominant market position as China’s civil litigation plaintiff qualification criteria and clearly identify the specific scope of plaintiff qualification.Thirdly, investigating abuse of market dominance and anti-monopoly law enforcement agencies Civil Procedure administrative procedures relationship problems, combinng with the relevant provisions of China’s anti-monopoly laws and regulations, to respect the proposed coordination and strengthen a separate antitrust lawsuit from the courts and antitrust enforcement agencies administrative decisions of law enforcement agencies in the subsequent proceedings to improve the effectiveness of the two aspects of the abuse of market dominance civil litigation and administrative procedures convergence model.Finally, the evidence collected from a diversified manner, reducing the plaintiff’s burden of proof and strengthening the role of anti-monopoly law enforcement agencies in civil proceedings to improve three aspects of abuse of market dominance Civil Procedure Rules of Evidence.