A Study On The Fair Competition Review System In China

The policies and measures formulated by the government will often have an impact on the economic activities of market players.In reality,for many reasons,such as protecting the local economy or promoting the development of an industry,the administrative organs intervene in the market in the relevant policy-making,such as setting up trade barriers,making discriminatory provisions,and designating trading partners.This not only interferes with the order of competition,is not conducive to the allocation of social resources,but also is not conducive to the development of China’s socialist market economy.Although China’s "anti monopoly law" has made prohibitive provisions on the administrative monopoly of administrative organs,the law focuses on regulating the market behavior of enterprises rather than government behavior.Therefore,it is urgent for the fair competition review system to supplement it.The Third Plenary Session of the 18th CPC Central Committee pointed out that the economic system reform is the key to comprehensively deepen the reform,government intervention is the obstacle to the smooth economic system reform,and the implementation of fair competition review is conducive to comprehensively deepen the economic system reform.In order to make the market economy give full play to its advantages and avoid the government’s unreasonable intervention in the economic activities of market subjects,the State Council issued the "opinions on the establishment of fair competition review system in the construction of market system" in June 2016,which refers to the government or other policy-making organs to review the policies that may affect the economic activities of market subjects and evaluate their effectiveness Whether the impact on the market is appropriate or reasonable,so as to prevent the introduction of policies to restrict and eliminate competition.Fair competition review system aims to restrict the government’s behavior,to ensure that the government’s policies will not destroy market competition,to enhance market vitality,and to ensure that the market plays a decisive role in the allocation of market resources.Fair competition review system restricts administrative monopoly behavior from the source,which is an integral part of the anti-monopoly legal system and helps to improve the anti-monopoly legal system.However,up to now,there are still some deficiencies in the fair competition review system in China,such as the rules are too abstract and the operability is not strong,the enthusiasm of the policy-making organs to implement the review is not high,and the system has not risen to the legal level.In the aspect of system design,first of all,we should make clear the position of fair competition review system in competition law.Second,we should establish a special review body,expand the scope of review,improve the review procedures,and refine the review standards.At the system implementation level,we should establish the information platform of fair competition review system,improve the accountability and incentive mechanism,improve the third-party evaluation mechanism,and establish the judicial supervision mechanism of fair competition review.