Analysis On The Burden 0f Proof Allocation System 0f Anti-monopoly Civil Action

Compared with the public enforcement of anti-monopoly which has achieved great achievements,there are some problems such as inadequate enforcement of antitrust enforcement in Civil Action.The key reason is the imperfect distribution of the allocation for the burden of proof for Civil Action.With the reference of the development experience from other countries,efforts should be made to alleviate the burden of proof by the plaintiffs,improve the existing distribution system of burden of proof,and improve the initiation of plaintiffs’ prosecution as much as possible so as to promote the development of private lawsuits.After sorting through the status quo of the proof allocation system in civil actions,the author concludes the main problems as follows: too much burden of proof allocation on the plaintiffs’ part,too many difficulties in identifying and presenting evidence and too heavy cost in litigation proof material;unclear standards in “the proof material presented by the expert assistant”;lack of clear provisions in the judge’s authority in active investigation under the circumstance that it is difficult for the plaintiff to present proof out of information asymmetry and authority in the active refusal to the clients’ application.In view of the above mentioned problems,the author tries to make analysis on the causes and summarizes as follows: the burden of the relevant legislative provisions are too principle,general,and lack of operability;the allocation of the burden of legislation proof is not reasonable;inadequate laws in the adoption of the expert witness’ proof.By comparing and referring to foreign antitrust litigation system related to the allocation of the burden of evidence,key elements in the compensations to damages in private litigation,support on the plaintiff’s part,the standards in proving legal facts such as compensatory payment to damages,disclosure of pretrial evidence,etc.,the author gets the knowledge that the overall trend of all countries is to balance the distribution of proof burdens to make it easier on the plaintiff’s part to present proofs.And the author proposes that China should also focus on refining the rules and regulations of the distribution of evidence to arouse the plaintiff’s initiative to initiate antitrust proceedings and improve the level of private enforcement in the field of anti-monopoly.Specific to how to perfect the system of burden of proof in our country,the author holds that it should be approached from some general aspects,including the proof burden rules based on the application of Per se Doctrine and rule of reason,illustrate and enlarge the scope of shifting burden of proof,establishment of evidence disclosure system with Chinese characteristics,perfect the expert assessor system,and improve the administrative enforcement of antitrust lawsuit mechanism.