Research On The Validity Of Experts’ Opinion In Anti-Monopoly Litigation

With the development of anti-monopoly law implementation,antitrust lawsuits are increasing recently.Because of its special structure,it provides a suitable space for experts.Expert auxiliary system not only enhances cross-examination ability of the parties,also make up for the professional short board of judges,and then promote the essence of the trial operation system.In our country,the current law has not yet been made as to expert auxiliary participants in antitrust litigation.The only basis is the judicial interpretation of Supreme People’s Court: the trial applications of civil disputes as for monopoly behavior.The judicial interpretation has confirmed the legality of the expert assistant’s appearance,but has not regulated the effect of the expert assistant’s opinion,their litigation status and their procedural participation.At the present stage,the right of technology is expanding in our antitrust lawsuits,economics experts have a lot of things to do in the future.If we still use the civilian law: think expert auxiliary views as parties’ stated,then the auxiliary people experts will be far from the purpose of the antitrust law.This paper is supposed to provide scientific basis for the judges,collect evidence in judicial practice to solve the difficulties and confusion.So it has certain practical significance and application value.In addition to the preface epilogue,this article includes four parts.The first part of this paper,relevant laws in anti-monopoly law and civil procedure law,is to comb the laws related to expert auxiliary views.It is found that,in China’s laws and judicial interpretations,there are no relevant provisions on the effect of expert auxiliary views in anti-monopoly litigation.The second part of this paper is how to confirm expert auxiliary views during antitrust litigation in judicial practice,the author selected a final judgment,qihoo v tencent.In this case,we try to analyse the standard of how to confirm current expert auxiliary views in the judicial practice.The third part of this paper,the problem of the standard which expert auxiliary system obey in antitrust lawsuits.With limited judgment as sample,the author tried to analyse opinions of the court and also revealed the problems existing in the expert auxiliary views from several aspects such as the amount,the reasons and the standards.The fourth part of this paper is the suggestions which can improve the confirmation of expert auxiliary views on China’s antitrust lawsuit.The suggestions included: clarifying the legal status of expert assistants,strengthening the association of expert auxiliary views and case facts,taking a step toward opening the expert auxiliary views,determining the criteria for the effectiveness of expert auxiliary views,etc.