On The Legal System Of Third-party Evaluation Of Fair Competition Review In China

A level playing field in the market is a prerequisite for the proper and effective functioning of the competition mechanism and lays the foundations for the lasting health of the market economy.But the phenomenon of policy-making organs excluding and restricting competition by formulating policies and measures containing local protection,regional blockade and industry barriers is widespread,and the third-party evaluation system,which is one of the working mechanisms of the fair competition review system,has the characteristics of independence,professionalism and objectivity,and can make up for the shortcomings of the administrative The third-party assessment system as one of the working mechanisms of the fair competition review system has the characteristics of independence,professionalism and objectivity,and can make up for the deficiencies of the internal self-assessment of the administrative system.The third-party assessment of fair competition review has been produced in China for only six years since 2016,and although it has achieved phased results,some weaknesses are still exposed in the actual operation process.Therefore,improving the system related to the third-party assessment of fair competition review can help create a sound market competition assessment environment and is of great significance to improve the quality of fair competition review.The third-party assessment of fair competition review is a professional,independent and objective third-party assessment organization entrusted by the policy-making authority to conduct fair competition assessment of relevant policy measures or other work related to fair competition review according to certain standards and procedures,and to form assessment reports for the policy-making authority’s decision-making reference activities.The accurate identification of the third-party assessment of fair competition review is of great significance to avoid the drawbacks of homogeneous supervision and maintain the order of market competition.In the EU,third-party evaluation agencies play an important role in the state aid system,and state aid introduced with the participation of third-party evaluation can achieve good economic and social effects and avoid undue influence on market competition as far as possible.The participation of third-party evaluation agencies is emphasized in the process of evaluating the competitive effects of policy measures by OECD competition,and the participation of third-party evaluation agencies increases the neutrality and professionalism of the evaluation process.In the current practice of third-party assessment on fair competition review in China,there are mainly problems of incomprehensive scope of assessment,unsound mechanism of selection of assessment agencies,imperfect assessment procedures,inappropriate application of assessment results,and incomplete supervision of assessment agencies.To improve the third-party assessment of fair competition review in China,first of all,the scope of mandatory third-party assessment should be expanded,and the scope of mandatory assessment of policies and measures to be introduced should be relaxed,and the implementation of introduced policies and measures and fair competition review system should be included in the scope of mandatory assessment.Secondly,improve the selection mechanism of assessment agencies,clarify the selection criteria of assessment agencies and confirm the diversified ways of assessment agency selection.Once again,refine the implementation procedures of third-party assessment and explore the assessment method of cross-assessment;construct an information platform for fair competition review of government affairs.Then,promote the application of third-party assessment results and strengthen the competition awareness of policy-making organs;establish incentive mechanisms and communication feedback mechanisms for the application of assessment results.Finally,strengthen the supervision of third-party assessment agencies,including the whole process supervision of policy-making organs,public supervisions.Establish a system for assessing the creditworthiness of credit rating agencies and strengthen the reporting mechanism.