The Study On The Third-Party Assessment Mechanism Under The Fair Competition Review

It has only been four years since the Third-party Assessment Under the Fair Competition Review came into being in 2016.In the first three years,the third-party assessment was mainly stipulated in the relevant policy documents without effective implementation.At this time,the fair competition review was still dominated by the self-review mode.Until Feb,2019,the Implementation Guide for the Third-Party Assessment Under the Fair Competition Review was issued,which made detailed regulations on how to carry out the third-party assessment.During this period,local governments began to issue the supporting Implementation Guidelines at the provincial,municipal and national(district)levels.At the same time,local governments successively organized and carried out the third-party assessment work.Due to the late implementation and insufficient development,the third-party assessment is bound to have certain limitations.Therefore,it is necessary to further study the the Third-party Assessment Mechanism,and finally establish a scientific and standardized the Third-party Assessment Mechanism.Despite the first and the last parts,the main body of the dissertation is composed of four parts.The first part : The overview of the Third-party Assessment Mechanism Under the Fair Competition Review.First of all,this part defines “the Third-party Assessment Under the Fair Competition Review”.Then the author elaborates the basic elements of the third party assessment from four perspectives-assessment content,assessment organization,assessment procedure and assessment method.Secondly,the author analyzes the necessity of constructing the Third-party Assessment Mechanism,mainly from three aspects: the need to escape from the dilemma of self-review mode,the unique advantages of the third-party assessment and the demands for the fair competition environment in the market.Finally,the author analyzes four theoretical basis of the Third-party Assessment Mechanism,namely,Theories of the New Public Service,the Principal-agent,the Democratic Administration and the Social Governance.The second part:The limitation of the Third-party Assessment Mechanism Under the Fair Competition Review in China.Firstly,for the unclear definition of third-party assessment at the institutional level,the thesis analyzes several problems such as the lack of explicit explanations for the third-party assessment in the existing laws and regulations,the low level of legal status and unclear explanations of functions for the existing regulations.Secondly,for the imperfect regulations of basic elements from the third-party assessment,the thesis elaborates that the assessment content is not comprehensive,the selection mechanism monitored by the assessment agency is not perfect,the assessment procedure is not detailed and standardized.Finally,for the imperfect guarantee mechanism for the third-party assessment,the thesis analyzes five problems-insufficient feedback mechanism,insufficient supervision mechanism,unreasonable incentive mechanism to pass the assessment and the weak accountability mechanism for the violation of the assessment.The third part:The investigation on the overseas Third-party Assessment Mechanism Under the Fair Competition Review.This part mainly analyzes the Direct Review System in EU and the Competitive Payment System in Australia,finding that the Direct Review System in EU has benefits in providing financial subsidies and tax breaks,and that the the Competitive Payment System in Australia is comprehensive enough to enhance national competitiveness.Based the mentioned experience,the author indicates the necessity to independently establish a department to review the third-party assessment and set up a special fund as the incentive mechanism for the third-party assessment.The fourth part: The Suggestions on perfecting the Third-party Assessment Mechanism Under the Fair Competition Review in China.Firstly,the author clarifies the position of the third-party assessment from three aspects-the establishment of the legal status of the third-party assessment,the formulation of administrative regulations on the basis of the anti-monopoly law,and the clarification of the third-party’s assessment’s function.Then it is suggested to improve the provisions of the basic elements of the third-party assessment from three aspects-extend assessment content,establish the selection mechanism for the third-party assessment agencies and refine the assessment procedures.Finally,it is suggested to improve the third-party assessment guarantee mechanism,which will be illustrated from five aspects-the construction of the information disclosure mechanism for the assessment process,the establishment of the feedback mechanism for the third-party assessment,the improvement of the supervision mechanism for the third-party assessment,the complement of the incentive mechanism for when passing the third-party assessment and the strengthening of the accountability mechanism when violating the third-party assessment.