The Study Of The Expert Assistant System In Anti-monopoly Civil Litigation

Since the implementation of anti‐monopoly law, on the prevention and protection against monopolistic behavior it has made remarkable achievements. However, facing increasingly complex market economy, a variety of new types of cases in new areas constantly poured into the court. Highly specialized economic data, models, research reports emerging in court so that the knowledge of parties and lawyers, judges are no longer able to understand it and apply it to law. In order to the smooth conduct of antitrust civil litigation, Civil Procedure Code established the Expert Assistant System. We are trying to assist people through the medium of experts, assisted antitrust civil litigation participants facts of the case. But unfortunately the corresponding concrete operational measures but less detailed provisions caused considerable confusion and difficulties in practice. In this paper, throught the basic theory of experts assisted person in antitrust civil litigation and the experience of expert witness system in extraterritorial antitrust civil litigation, from the case of QIHU. Inc. v. Tencent Inc of abuse of the market dominance perspective, we will found the existing problems of expert advisor system of antitrust civil litigation, and pointed out that improved legislation reform law proposal.Text of this paper consists of three parts:The first part, we’ll start with the definition and characteristics of antitrust civil litigation, Introducing antitrust civil litigation expert advisor system. This section describes what antitrust civil litigation, as well as special points antitrust civil litigation and general civil litigation, including the highly professional and private interest into account public interest, not ability Liangzao like. Then introduced the anti‐monopoly civil litigation generally characterized Legal Expert Assistant, expand the foundation for the following analysis.The second part, the author introduces the most recent typical case of odd QIHU, Inc. v. Tencent Inc. of abuse of market dominance. In the case of perspective, by the Supreme People’s Court and the judgment of the trial, expert analysis in the present case the practice of assisted people to examine our antitrust civil litigation experts complement existing problems of people. Then the author further from the traditional concept of justice, litigation model point of view to analyze the causes of cultural issues.The third part, the author advisor proposes several measures to improve the the anti‐monopoly civil litigation expert assistant system. I combed the extraterritorial antitrust civil litigation expert witness system. Rules and Practice briefing by mature extraterritorial enforcement of national antitrust law expert witness system, including expert witness qualifications for elective status of expert witnesses, expert witnesses rights and obligations, and so on, to our country’s anti‐monopoly civil litigation improved expert advisor system to provide experience. Hoping to balance the interests of antitrust litigation civil litigation on both sides, so that the anti‐monopoly civil action will be smooth, better achieve legal and social effects of anti‐monopoly law should be.