Research On The Application Dilemma And Legal Improvement Of My Country's Fair Competition Review System

The effective operation of competition mechanism and the vigorous development of market economy depend on a fair and just market competition environment.Only in a fair and just market environment,all kinds of market subjects can be freely traded within the scope of the law,all kinds of market elements in the normal flow of economic operation,and ultimately make the market economy achieve healthy development.However,from a global perspective,behaviors that undermine the order of fair competition are not only ubiquitous in economic monopolies implemented by major market players such as various types of enterprises.Public authorities such as the government improperly exclude behaviors that restrict competition.The destructive power of order is much higher than the former.To this end,developed countries such as the United States,Australia,South Korea,and Japan have successively established and implemented competition review systems,with a view to implementing regulations that improperly rule out restrictive competition by government and other public power institutions,thereby promoting the stable and healthy development of the economy.As a country that transformed from an early planned economic system to a market economy,at this stage,China’s administrative monopoly,which is mainly used to distort the allocation of market resources,such as industry barriers,local protection and regional blockade,is still widespread,which is not conducive to the establishment of China’s unified market and the prosperity and development of the market economy.At the same time,China’s current Anti-monopoly Law in the regulation of administrative monopoly behavior has limited scope of regulation,inadequate regulatory strength and confusion of regulatory standards.Although the complete cure of administrative monopoly is to be completed and a series of political and economic system reforms are still to be undertaken,it is by no means overnight.However,through some local innovation system design,it is necessary and possible to exert a restraining effect on the impulse of administrative organs to unduly restrict the exclusion of competition.As a kind of system arrangement which is vigorously promoted by the central government,which covers and provides all kinds of administrative organs at all levels,it is beneficial to enrich and refine the implementation mechanism of our country’s competitive legal system,and at the same time make up for the shortcomings of the current Anti-monopoly Law in regulating administrative monopoly.From the rootcause of the administrative organs to formulate policy measures involving the economic activities of market subjects may have the impact on competition and its extent to conduct a competitive review.As an important promotion tool for our country to break down the "institutional mechanism barriers and interests curing barriers" which hinder fair competition and to establish the basic position of competition policy in the economic policy system,the fair competition examination system is in the process of building our socialist market economy into the deep water zone.It could play an important role in cleaning up and abolishing policy measures that impede fair competition.But although the system is based on the current deepening of China’s economic system reform and make up for the shortcomings of the Anti-monopoly Law in regulating administrative monopoly and the inevitable institutional arrangements,its since its establishment and implementation of the operating effect is not very ideal.Through the data analysis of the typical cases of fair competition review in 2018 issued by the State Administration of Market Supervision and Administration,we can know that the current China’s fair competition review system mainly has the following four difficulties in application: First,the policy-making organs self-examination initiative Generally low;second,the level of effectiveness of the policy measures under review is low;third,the object of fair competition review is limited to stock policy measures and finally,accountability for fair competition review tends to be formalized.As for the the system failed to realize the expectations envisaged at the beginning of its establishment,there are reasons for certain loopholes in the design of the system itself,and part of the reason is that the system is facing some practical problems in the actual operation.Compared with the fair competition review system at the beginning of our country,many developed countries(regions)have long-term and mature practices on the competition review system.Our country can base on its basic national conditions and then learn from foreign advanced practical experience in a targeted manner,with a view to gradually realizing the improvement of the system.Specifically,in view of the dilemma faced in the current implementation process of China’s fair competition review system and the causes of the dilemma,on the one hand,for the inherent defects of the self-censorship mechanism,an in-depth review led by antitrust law enforcement agencies under the principle of proportionality,To effectively correct the formal self-examination caused by policy-making organs or perfunctory insincerity or lack of competition reviewability;on the other hand,it can make full use of the opportunity of the first amendment of the Anti-Monopoly Law to achieve a fair competition review system.Legalization,including integrating the system with the relevant provisions of the "Anti-Monopoly Law" and improving the system’s implementation supporting system to enhance the system’s effectiveness and deterrence;Finally,it is also possible to make comprehensive use of some fragmentation mechanisms For example,to strengthen the application of the consultation and evaluation mechanism,promote the comprehensive coverage of the system,strengthen the competition review training,and build a fair competition review assessment mechanism to strengthen and improve the implementation of the fair competition review system.