Study On Evidence System Of Anti-monopoly Civil Action In China

Evidence refers to the basis for determining the facts of the case in accordance with the rules of litigation.The issue of evidence is the core issue of litigation and the basis of the litigation system.Article 50 of the "Anti-Monopoly Law" promulgated in 2008 stipulates the anti-monopoly civil lawsuit.The absence of relevant laws has seriously hindered the judicial practice of China’s anti-monopoly civil lawsuits,in order to make anti-monopoly civil lawsuits have specific legal basis.In 2012,the Supreme People’s Court promulgated the "Provisions on Several Issues Concerning the Application of Law in the Trial of Cases of Civil Dispute Caused by Monopolistic Acts"(hereinafter referred to as the "Antitrust Judicial Interpretation"),and made specific provisions on the related issues of anti-monopoly civil litigation.It has greatly strengthened the operability of anti-monopoly civil lawsuits and promoted the implementation of anti-monopoly private enforcement.At present,the judicial practice of anti-monopoly civil litigation is not yet mature,and most of the cases ended in the loss of the plaintiff.Among them,some cases cannot be supported by judges either from the perspective of evidence or the legal point of view.However,due to the special nature of anti-monopoly civil litigation,The plaintiff is far away from the evidence,and he cannot compete with the defendant in terms of proof ability and litigation costs.The design of the anti-monopoly civil litigation system in China is imperfect,and the legal or judicial interpretation does not provide inclined protection to the plaintiff,resulting in the plaintiff’s The legal interests of protected reforms are not protected.This article attempts to base on China’s "Anti-Monopoly Law" and its judicial interpretation,taking into account the particularity of anti-monopoly civil litigation cases,through the analysis of the evidence system in anti-monopoly civil litigation,combined with the status quo of judicial practice in China’s anti-monopoly civil litigation.The evidence system put forward some suggestions to promote the implementation of civil lawsuits of the anti-monopoly law,protect the legitimate rights and interests of consumers and social public interests,and ultimately protect the sustainable development of China’s market economy.This article first introduces the general theory of the anti-monopoly civil litigation evidence system,including the concept of the evidence system,the characteristics of the evidence,and the analysis of the use of evidence in China’s anti-monopoly law and its judicial interpretation and the judicial practice of anti-monopoly civil litigation,based on judicial practice.There are omissions in the types of evidence exposed,legal evidence gaps in legal evidence,difficulties in plaintiff’s evidence collection,unreasonable distribution of the burden of proof,and the burden of burden of proof on the plaintiff,etc.,and they are used as reference experience by comparing relevant systems in other countries outside the region.Put forward the inadequacies and suggestions for the use of evidence in China’s anti-monopoly civil litigation system to maintain fairness and justice,improve the efficiency of anti-monopoly civil lawsuits,save judicial resources,and at the same time stimulate the development of private litigation to make up for public relief.insufficient.The plaintiff is generally a vulnerable party.The defendant is generally a large-scale large-scale enterprise.Some key data are held in the hands of the defendant.It is more difficult for the plaintiff to collect evidence.This paper proposes to introduce a new form of evidence,namely the type of evidence the expert tests.In order to prevent the defendant from carrying out evidence raids in litigation,and in order to provide the plaintiff with another means of obtaining evidence,this article actively explores establishing an evidence disclosure system in China to clarify the administrative resolutions of the anti-monopoly law enforcement agencies and the plaintiffs can use anti-monopoly law enforcement agencies.The administrative decision-making for the preliminary evidence to the court to bring a civil lawsuit,strengthen the court’s evidence collection capacity and other methods to ease the difficulty of the plaintiff to collect evidence,to assist in the judicial practice of China’s anti-monopoly civil litigation.In the current legal provisions of anti-monopoly civil lawsuits,the plaintiff’s burden of proof is obviously more important than the defendant’s burden of proof.Therefore,this article proposes detailed rules for the inversion of the burden of proof and allows judges to allocate and construct the burden of proof on anti-monopoly civil lawsuits according to discretionary powers.A series of measures,such as multi-level and targeted anti-monopoly civil litigation proof standards,are used to relieve the plaintiff’s burden of proof in order to achieve a reasonable distribution of the burden of proof between the original defendants.