| Anti-monopoly hearing system is a system that is both familiar and strange in China. The system originated from Anglo-American countries. It is a system hearing the opinions from the interested party officially, which includes the announcement and notice, disclosure of the procedure, commission agent, questioning witness and debate, etc. It is applied in China in a short term, thus is a strange system. Anti-monopoly hearing system gradually attracts the most concern with the issue of the Anti-monopoly Law of People's Republic of China. To study Anti-monopoly hearing system, we have to base ourselves on China's realities, combine the practice of China's current hearing system, and analyze the system value of Anti-monopoly hearing system and the actual restraint to apply Anti-monopoly hearing system. On the one hand, Anti-monopoly hearing system actually guarantee the case party's rights to make a statement and the realization of public participation. On the other hand, Anti-monopoly hearing system could save the cost of the investigation of the Anti-monopoly hearing case. However, our current Anti-monopoly hearing system has the defect as follows:unscientific selection of the hearing delegates; block of opinion collection channel of the hearing delegates; lack of the rigid restraint in the course of delegates'opinion affecting the decision; uncertain stipulation of the hearing party's rights, etc. Such circumstances bring the impediment to the appliance of Anti-monopoly hearing system. Besides, our Anti-monopoly Law does not have a certain stipulation on the hearing system, and other relevant legislation stipulations also contain lots of contradictions. This puts Anti-monopoly hearing system into an awkward place in legislation. Since Anti-monopoly hearing system is an introducing system, we must create the applicable soil for Anti-monopoly hearing system in the process of our research of the system. The comparison and analysis of other countries'concrete Anti-monopoly hearing system could be referenced in our Anti-monopoly hearing system. Based on the analysis of our current and other countries' Anti-monopoly hearing system, we can further improve our Anti-monopoly hearing system, from the three aspects as follows:construction principle, concrete system improvement, system security. In the principle construction, establish the impartial and selfless principle for the host of Anti-monopoly hearing, the relevant avoidance principle and the party-leaning contact prohibition principle, especially the separation principle of examination and judgment for the Anti-monopoly law enforcement agency. Based on the reality situation of our Anti-monopoly law enforcement agency, the separation principle should choose the internal separation principle of examination and judgment. In concrete Anti-monopoly hearing system, we should make the improvement from the following three aspects:the system of Anti-monopoly hearing participant, the announcement system of Anti-monopoly hearing, and the constant system of Anti-monopoly hearing, in order to ensure the healthy development of our Anti-monopoly hearing system. The construction of the hearing system is to adapt to the complex feature of the Anti-monopoly hearing case. To cultivate and develop the social interest group, to improve the speech freedom, speech exemption system, efficient participation system and judicial review system is to ensure that Anti-monopoly hearing system could proceed smoothly, which would make the hearing system provide a better service for China to handle the Anti-monopoly case, so as to reduce the investigation cost of the case, raise the handling efficient and promote the economy development.
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