关键词: 反垄断民事诉讼, 市场支配地位, 举证责任

Abstract: The results of an empirical research show that the lawsuits against abuse of market dominant position in China do have some problems,such as the plaintiff being difficult in providing proofs,the rate of winning the lawsuits being too low,and the symbolic compensation being damaged,etc..Because the proofs for the lawsuits against the abuse of market dominant position have the characteristics of “changeable”,plaintiffs are often in the position of being difficult?to get started.The plaintiffs who lack the ability to collect proofs will?easily use news reports and publicly known matters as evidences.This is mainly due to the general application of the general rules for distribution?of proof?burden in the lawsuits against abuse of market dominance,while the particularities of such cases are neglected.In order to give full play to the relief values that antitrust civil litigations should have,it is necessary to crack down the proof-providing dilemma and to clear the relief channels for the plaintiffs by enriching the means for evidence collection,reducing the burden of proof-providing on the plaintiffs,improving the rules of presumptive evidences improving the applicable conditions for the lawsuits against abuse of common market dominant position and other related substantive rules.

Key words: anti-monopoly civil litigation, market dominant position, burden of proof