| The dynamic relationship between the government and the market has always been accompanied by the economic development of each country,affecting the context of economic development of each country.The government’s "visible hand" can alleviate the problem of market failure to a certain extent and provide effective solutions to avoid market failure.However,on the other hand,the government’s intervention also brings new challenges and tests to the market order of fair competition.The step of government intervention has made great strides.While curing market failure,it is also very easy to touch the bottom line of fair competition in the market,thus casting a layer of administrative monopoly over the benign development of market economy.Facing the problem of how to effectively break the administrative monopoly,it is difficult to show a full score in judicial practice.In the context of China’s reality,the dilemma of "government failure",the malady of administrative monopoly and the weakness of anti-monopoly regulation are intertwined,which constitute the problems that can not be ignored in the process of government intervention.In the field of government procurement,administrative monopoly,as a stubborn disease that destroys the rules of fair competition in the market,has always been difficult to get an effective cure.The ex post regulation of the anti monopoly law is often difficult to deal with the endless administrative monopoly behavior,so the establishment of the ex ante regulation system of administrative monopoly is more and more important and urgent.In this context,the institutional innovation of fair competition review system not only provides an executable plan for breaking through the shackles of administrative monopoly and melting the ice of local protection,but also opens up a new path for strictly limiting the dislocation of government and market functions and promoting the dynamic balance of "two hands".Government procurement involves a lot of funds,a large scale and a wide range of influence.It has always been a disaster area of administrative monopoly,and it needs effective management and regulation.However,the fair competition review system has encountered bottlenecks in the implementation of various fields,and it is urgent to find a breakthrough point.The application process of fair competition review system in the field of government procurement is facing many difficulties and obstacles,which directly limits the effective integration and positive interaction of the two.How to break down the barriers to its entry into the field of government procurement,how to promote its effective implementation in the field of government procurement,how to use it to regulate the administrative monopoly behavior which is difficult to eradicate in the field of government procurement,and then draw a balanced dividing line for market mechanism and government regulation,so as to maintain a fair competition,benign development of the market environment and market order,These are the questions that the article needs to explore and answer.The whole paper is divided into four chapters,the specific contents of each chapter are as follows:The first chapter studies the origin and development status of fair competition review system in China.First of all,through the interpretation of the concept of fair competition review system,this paper explains that the biggest feature of fair competition review system is that it gets rid of the supervision inertia of post review and is committed to the pre review.Its essence is to pull up the "first defense line" for regulating the anti competition behavior of administrative power.Secondly,combined with the competitive market theory,public choice theory and rent-seeking theory,this paper expounds that the fair competition review system has a profound theoretical foundation.Finally,combined with the foreign experience,this paper expounds the external manifestation of the fair competition review system,that is,the existing form and development status of the competition assessment,and expounds that the fair competition review system in China has formed a relatively complete system starting from the system rudiment of the anti-monopoly law.The second chapter studies the logic of this system in the field of government procurement.Based on "harmfulness necessity" as the main line,this paper analyzes the reasons for the implementation of the system in the field of government procurement.Firstly,the paper expounds the types of high frequency of restrictive competition behaviors in the field of government procurement,which is a disaster area of administrative monopoly.It also discusses the multiple reasons for the frequent occurrence of restrictive competition behaviors in the field of government procurement from three aspects: the identity contradiction of the procurement subject,the separation of the procurement fund supplier and the user,and the imperfect supervision mechanism,It also analyzes the great harm to policy objectives,local economy and government credibility.Secondly,the article demonstrates that the current legal system in China has laid a solid theoretical support for the application of this system in the field of government procurement,and further demonstrates that the implementation of this system in the field of government procurement in China is not only an important measure to make up for the weak regulation path of the anti monopoly law,but also an inevitable choice for the transformation of government procurement in China,It also analyzes the relevance and rationality of the system.The third chapter studies the dilemma of applying this system in the field of government procurement.The application dilemma of fair competition review system in this field is rooted in the defects of its traditional system.Therefore,this paper systematically examines the framework system of the system,and discusses the difficulties and specific manifestations of the implementation of the system in the field of government procurement from the five aspects of review methods,review procedures,review standards,exception provisions and legal effect.In the fourth chapter,the author puts forward some suggestions to improve the system in the field of government procurement.In order to further promote this system to take root,we must break the existing development dilemma and explore the future turning path of the internal rule system and external supporting mechanism of this system.This paper takes the existing dilemma of the system as the breakthrough point,takes the uniqueness and difference in the field of government procurement as the breakthrough point,and combines with the "anti monopoly law" amendment draft(public consultation draft)",and puts forward the development countermeasures for the implementation of the system in the field of government procurement from five aspects of review methods,review procedures,review standards,exception provisions and legal norms. |
