Research On The Distribution System Of Burden Of Proof In Anti-monopoly Civil Action In China

The distribution of burden of proof is an important part of anti-monopoly civil action and plays an important role in promoting anti-monopoly private execution,In the practice of anti-monopoly civil litigation,due to the unequal economic status and strength of the original defendant,and according to the distribution of burden of proof in the civil procedure law of our country,Plaintiff's burden of proof is too heavy,Therefore,the anti-monopoly civil litigation cases are increasing year by year,but the success rate is still low.resulting in the burden of proof distribution system in the field of antitrust can not play its due role.In May 2012,the Supreme people's Court of China issued the regulations on the Application of the Law on the trial of Civil disputes arising from monopolistic acts.It is clear from this regulation that the inversion of burden of proof in horizontal monopoly agreement and the abuse of market dominance by public utilities or other operators with exclusive status according to law may be presumed to belong to the abuse of market dominance.These provisions aim to lighten plaintiff's burden of proof,but have not substantially resolved the problem of the overweight burden of proof of plaintiff in antitrust civil litigation.If we want to solve this problem in the field of antitrust civil litigation,we should draw lessons from the experience of the United States and Japan,which are more mature in this field.The United States is the birthplace of antitrust civil litigation,and its existing system can balance the burden of proof between the two parties.Japan is the Fair Trading Commission for plaintiff to provide evidence to help facilitate plaintiff proof.According to the actual situation of our country,the distribution system of burden of proof in our country should be perfected from the following aspects: first of all,make clear the distribution of the burden of proof on the vertical monopoly agreement in our country;secondly,lighten the burden of proof of the plaintiff;moreover,strengthen the discretion ofthe judge in the distribution;Finally,the connection mechanism between anti-monopoly law enforcement agencies and civil litigation is established to ensure the in-depth development of anti-monopoly civil litigation.Through these countermeasures,the parties can return to the origin of equal confrontation in court,promote the smooth progress of antitrust civil litigation,and achieve the purpose of antitrust law.