| In the new era characterized by the modernization of state governance,fair competition is the internal requirement for the construction of a modern market system.At present,China’s economic system reform continues to develop in-depth,establishing the basic position of competition policy has become the “Market determines the allocation of resources,”the inevitable requirements of the new strategy.However,in order to protect local interests,the abuse of administrative power by the executive branch to exclude and restrict market competition is still widespread,seriously undermining the order of competition in China’s market.In order to avoid the unreasonable interference of the executive branch to the market economy and restrain the administrative behavior of the executive branch,thus forming a highly “Competitive”market environment,the fair competition review system emerged as the times require.In June 2016,the State Council issued the opinions on the establishment of a fair competition review system in the construction of a market system(hereinafter referred to as the opinions),which explicitly launched a fair competition review system,and at the beginning of the formulation of policies and measures by the executive branch,fair competition reviews play a preventive and corrective role in advance,prompting the executive branch to formulate and introduce policy friendly public policies.At present,China’s Fair Competition Review System,as an important tool to realize the fundamental position of competition policy,has not been brought into the anti-monopoly legal system,the opinions on which it is based and the rules for the implementation of the fair competition review system(hereinafter referred to as the rules)jointly promulgated by the five departments in 2017 belong to the category of “Soft Law”and have relatively low legal effect.At the same time,the weak enforcement of anti-monopoly law and the imperfect judicial guarantee restrict the effective implementation of fair competition review system in China.Therefore,with the help of comparative analysis,literature research,legal interpretation analysis and other research methods,this paper is based on the analysis of the basic theoretical issues of the fair competition review system,this paper analyzes the problems existing in the implementation of the fair competition review system in China,and combining with the research on the theory and practice of the fair competition review system in foreign countries,from the three levels of legislation,law enforcement and judicature,multi-angle,omni-directional proposed consummates our country fair competition to examine the system the basic mentality.The specific contents are divided into the following five chapters:The first chapter is the introduction.This chapter mainly introduces the background,purpose,significance,research ideas,research methods and innovation of the fair competition review system,and domestic and foreign experts on the fair competition review system of relevant theoretical issues to sort out and analysis,for the follow-up writing to lay a solid foundation.The second chapter is the fair competition examination system theory question analysis.This chapter mainly expounds the concept,historical evolution and value pursuit of fair competition review system,and makes a conceptual discrimination between fair competition review system and competition evaluation system,state aid control system,etc.,it provides a theoretical and logical basis for the study of the fair competition review system.The third chapter is our country fair competition examination system legislation present situation and the question analysis.This chapter mainly elaborated the Fair Competition Review System’s legal foundation and the implementation present situation,and has carried on the analysis to our country fair competition review system in the legislative level,the law enforcement level,the judicial level main question.The fourth chapter is the experience of the extraterritorial fair competition review system.This chapter focuses on the legislation,law enforcement,judicature and implementation of the fair competition review system in the United States,Japan,the European Union,Australia and other countries and regions,to promote the effective implementation of China’s fair competition review system to provide experience for reference.The fifth chapter is Our Country Fair Competition Examination System’s consummation countermeasure.This chapter focuses on the deficiencies of China’s fair competition review system in the implementation process,from the legislative,law enforcement,judicial aspects of the sound development of China’s Fair Competition Review System put forward suggestions. |
