| In recent years,under the system of market economy,China’s economy has developed rapidly and soared to the second largest economy in the world.In this process,the relevant policies issued by China play a crucial role,especially the competition policy.But at the same time,due to the large number of competition policies,many competition policies have damaged the fair competition order of the market.Therefore,in order to regulate the fair competition order of the market,our country introduces the fair competition review system into our legal system.On June 14,2016,the State Council issued the opinions on the establishment of fair competition review system in the construction of market system(hereinafter referred to as the opinions)to clarify the status of fair competition review system in China’s legal system.In order to strengthen the operability and effective implementation of the system,the five departments jointly issued the detailed rules for the implementation of the fair competition review system(Provisional)(hereinafter referred to as the detailed rules)on October 26,2017.Based on the opinions,the relevant provisions of the system were detailed.The successful experience of some foreign countries in implementing relevant systems has certain reference value for the establishment of fair competition review system in China.The opinions issued by the state include the relevant practices of the European Union when stipulating the examination procedure of the system,but when stipulating the examination standard,it is formulated in combination with China’s basic national conditions,so China’s fair competition examination system has its own characteristics.China’s fair competition review system has just entered the primary stage,and there are still many problems in this system,such as the lack of sufficient legal basis,the failure of self-examination to ensure the effectiveness of the review,the formality of external supervision procedures,the narrow scope of the review,the incomplete exception and the lack of complete supporting measures.In view of the above problems,China can carry out the fair competition review system by clarifying the basic position of the system in the legal system,the basic principles of the system and the specific self-examination methods,strengthening the external supervision procedures of the system,expanding the scope of the system,improving the relevant content of the exception provisions and improving the relevant supporting systems Perfect.In order to effectively implement the system in China,we should improve the problems existing in the fair competition review system as soon as possible,so as to meet the needs of the market competition order in China. |
