Research On Distribution Of Burden Of Proof In Monopoly Agreement

Antimonopoly litigation disputes are different from ordinary civil litigation disputes based on their own characteristics,among which the characteristics of monopoly agreements,especially horizontal monopoly agreements and vertical price monopoly agreements,are harmful,and should be regarded as the focus of the anti-monopoly law.Although the anti-monopoly law and the provisions of the Supreme People’s Court of 2012 on the application of the law in cases of civil disputes arising from monopoly acts provide for the distribution of the burden of proof in monopoly agreements,due to the abstract and irrationality of the legislative provisions,the different modes of analysis of the illegal determination of monopoly acts and the difficulties of judges in balancing the diversified value objectives of the anti-monopoly law,it is often difficult for judges to unify the basis of judgment cases in cases of monopoly agreements disputes,and the burden of proof is too heavy,The plaintiff’s rights and interests as the injured party in the monopoly dispute can not be guaranteed,but the difference of market position between the parties and the difficulty of obtaining information directly affects the difficulty of proof,and the winning rate of the weak party(plaintiff)in the market position is extremely low,which greatly affects the judicial credibility and deviates from the original intention of legislation.This paper intends to further study the distribution of the burden of proof in the case of monopoly agreement disputes,deeply explore the reasons behind the difficulties and put forward suggestions to improve the development of anti-monopoly civil litigation in China,and effectively safeguard the legitimate rights and interests of the parties involved in litigation.Based on the argument that the burden of proof is distributed in monopoly agreement,this paper discusses three chapters:The first chapter is the present situation and problems of the distribution of burden of proof in China’s monopoly agreement.This part studies and compares the relevant legislative provisions and judicial jurisprudence of the allocation of burden of proof in China’s monopoly agreement,and finds that the legislative provisions deviate from the judicial practice and the burden of proof is too heavy for the plaintiff,so as to open the gate for the following argumentation and analysis of the problems.The second chapter analyzes the causes of the distribution of the burden of proof in China’s monopoly agreement.This part mainly from the legislative provisions and judicial practice two parts.It is concluded that the legislative provisions of the allocation of burden of proof in China’s monopoly agreement deviate from the judicial practice,and the reasons for the excessive burden of proof on the plaintiff include the unreasonable legislative provisions,the disconnection between the distribution of burden of proof and the mode of analysis,and the conflict of value objectives.This chapter introduces the relevant legislative provisions and judicial practice of extraterritorial countries at the same time as the analysis of the problems,in order to provide a reasonable basis for the following suggestions for feasibility improvement.The fourth chapter is the suggestion for perfecting the system of burden of proof distribution in monopoly agreement.This part is based on the comprehensive analysis of the lack of system design and the dilemma of judicial practice,in order to accurately apply the relevant provisions of anti-monopoly law to judicial practice,to achieve the value of the law,to protect the legitimate rights and interests of litigants,to achieve justice and fairness.