Journal of Jishou University(Social Sciences)

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Review of Distribution of Evidential Burden in China's Civil Action Against Monopoly:Taking Typical Cases as the Research Sample

LI Guohai   

  1. (College of Law,Central South University,Changsha 410083,China)
  • Online:2019-01-01 Published:2019-01-26

Abstract: The success rate of the plaintiff is very low in civil action against monopoly in our country,and the basic reason lies in the difficulty of the plaintiff's proof.This is directly related to the distribution of burden of proof in China's anti-monopoly civil action.Since anti-monopoly civil litigation is special,the general law of distribution of burden of proof in civil litigation cannot be applied.Instead,the system of inversion of burden of proof should be implemented to distribute part of burden of proof,originally borne by the plaintiff,to the defendant."Anti-Monopoly Judicial Interpretation",issued by the Supreme people's Court,has given consideration to this,but it is still conservative and has limited effect on reducing the burden of proof of the plaintiff.In the two anti-monopoly cases of Qihoo company v.Tencent company and Ruibang Chung Wo co.,Ltd.v.Johnson & Johnson,it is shown that the burden of proof distributed to the plaintiff by our court in the anti-monopoly civil litigation is too heavy,which is not conducive to the realization of the goal of the anti-monopoly civil litigation.

Key words: anti-monopoly civil action, distribution of burden of proof, inversion of burden of proof, cases

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