On The Construction Of Antitrust Specialized Court In China

For the enforcement of antitrust law,the court plays an extremely important role.At present,the lack of specialty and unity of antitrust trial and the low independence and authority of jurisdiction court hinder the effective exertion of judicial power,so it is urgent to set up antitrust specialized court.However,the establishment of the antitrust specialized court and its system construction is still a brand-new issue in China.Neither theoretical exploration nor empirical analysis goes deep into it,and it only stays at the stage of initiative and conception,Systematic research results have not yet been produced.With the advancement of the reform of the judicial system,the trend of specialization of the courts in China has become more and more prominent.A systematic study of the reform and evolution of the military courts,maritime courts,Intellectual Property courts,financial courts in mainland China and intellectual property courts in Taiwan,it will provide the localization experience for the establishment of China's antitrust specialized court.At the same time,from an international perspective,antitrust trials are gradually moving towards specialization.On the one hand,South Korea,Germany,France and other countries have all adopted special institutional arrangements,which have to a certain extent achieved centralized jurisdiction over antitrust cases;on the other hand,the United Kingdom,South Africa,Singapore and other countries have directly set up specialized tribunals or courts specialized in antitrust trial,whose system design and framework will provide international experience for the establishment of China's antitrust specialized courts.The establishment of antitrust specialized court must stand on the basis of existing policy and institutional system,carry out optimization innovation or system reform.Through a systematic review of the current situation of the jurisdiction of antitrust cases in China,we can find that the First Instance Jurisdiction Court of antitrust case presents the pattern of fragmentation,which is mainly reflected in:The disunity of the First Instance Jurisdiction Court in Civil and Administrative Litigation,the disunity of the First Instance Jurisdiction Court in Civil Litigation and the disunity of the First Instance Jurisdiction Court in Administrative Litigation;At the same time,the Court of Second Instance of anti-monopoly also presents the characteristics of local fragmentation.This fragmentation is bound to need to be addressed through the specialization of antitrust trials.However,from the practice at home and abroad,the centralized jurisdiction of antitrust cases is only an expedient measure.As the antitrust law has the basic characteristics of economy,law,strategy and internationalization,it puts forward higher requirements for the antimonopoly trial.It includes improving the quality of trial,unifying the criterion of adjudication,strengthening the implementation of competition policy and enhancing international credibility.Therefore,the establishment of an antitrust specialized court is the long-term plan,has the very necessity.At the same time,the establishment of the antitrust specialized court and its system construction are supported and guaranteed by the domestic and foreign theoretical achievements and practical experience.In view of this,we should base on the current situation of China's antitrust case jurisdiction court,learn from China's specialized court and extraterritorial Antitrust Specialized Court established and operated mature experience,focusing closely on the establishment and trial basis,the jurisdiction system,the trial level system,the management system,the trial mechanism,the composition of the Antitrust Specialized Court and its trial chamber.This paper makes a systematic argumentation on the thinking of constructing the antitrust specialized court system,and puts forward some rationalization proposals that are both in line with the international situation and in line with China's national conditions.