我国消费者反垄断民事诉讼的困境与突破

The Dilemma andBreakthrough of Civil Action Brought by Consumers against Monopolization in China

消费者反垄断民事诉讼在当下中国有着重要的存在价值和意义。尽管反垄断法为消费者反垄断民事诉讼奠定了基础,但由于我国长期存在着对国家公权力救济的偏重,在消费者民事诉讼原告资格、损害赔偿和实施程序上都规定得不尽合理,消费者反垄断民事诉讼遭遇困境。反垄断消费者民事诉讼困境的突破,有赖于相关法律制度的协调,寄希望于明确原告资格、完善举证责任、妥善安排诉讼费用承担、完善损害赔偿制度、确立实施协助机制、健全集体诉讼制度等一系列的制度创新和完善。

It is no doubt that the civil action brought by consumers against monopolization plays an important role in current China. Although the Anti-trust Law has laid a solid foundation for the civil action, it still encounters various difficulties in practice, for China has been putting too much emphasis on the government＇ force for a long time. Moreover, the regulations about the consumers＇ plaintiff qualifications in civil action, the system of damage compensation and the procedures of implementation are not reasonable. To breakthrough the dilemma of civil action, it is necessary to coordinate related legal system, relying on series of innovations and improvements such as making plaintiff qualification clearer, improving the regulations of the burden of proof, arranging the court costs properly, developing the damage compensation system, and establishing im- plement assistance mechanism.