Research On Fair Competition Review Model In China

The fair competition review system is a system designed to maintain fair competition in the market and intervene from the source of all public policies issued by policy-making agencies that involve market entities’ economic activities,in order to regulate and prevent abstract administrative monopolies.The system design makes up for the lag in judicial review of the Anti-Monopoly Law.The fair competition review system operates in accordance with the model of "who makes the review," and is launched in the self-review model of policymaking agencies to form self-restraint on power.Now at the time when the "Anti-Monopoly Law" is being revised,research on the review model can be carried out from the perspective of the revision of the "Anti-Monopoly Law",starting from the current status of the fair competition review model,and studying the top-level design that may occur in the course of practical operation.Difficulties,and based on the existing system theory and practice status of the review model to give suggestions for improvement.The fair competition review model is an innovative system design operating mechanism.In the early stage of practice,it is inevitable that there will be difficulties.For this reason,so starting from the following three aspects,the purpose is to find out the difficulties in the practice of the review mode.Firstly,China is a unitary country with a large number of central to local administrative agencies,and a large number of public policies related to the economic activities of market entities have been promulgated,resulting in the scattered subject of the review model and unclear positioning;Secondly,review model lacks external supervision,if the policy-making agency does not review or violates the review standard,only the public has the right to report and reflect.The policy-making agency will self-verify and reflect,the review is easy to formalize and unprofessional,resulting in a lack of review neutrality,and the review process shows fairness,procedural justice restricts the implementation of substantive justice;Thirdly,in the review mode,only administrative remedies are provided for remedies,which are ordered by higher-level agencies to correct,and there is no direct power to sanction sanctions.The decision-making power is still in the hands of policymaking agencies,making the competition review mode of the relief approach is missing.Therefore,based on the actual national conditions and review of foreign experience,the above-mentioned dilemmas are provided with perfect suggestions.The first is that the review subject is relatively centralized,and the policy-making agency conducts preliminary review and the Anti-Monopoly Committee conducts in-depth review;The second is to strengthen external supervision procedures are established for the judicial organs to initiate the review process for judicial supervision,and the public complaints procedures are refined,the selection mechanism of third-party evaluation agencies is improved,and social supervision is carried out;The third is to establish multi-channel relief procedures,broaden the channels of judicial relief for stakeholders after they have been harmed,and clarify the accountability system for the subject of review.