Research On The Third Party Evaluation Mechanism Of Fair Competition Review

At present,our economic structural reform has entered a deep water period and a period of overcoming difficulties.The establishment of a unified big market is in urgent need of market mechanism with efficient operation and market order with fair competition.In order to break the rules and behaviors of regional barriers,administrative monopolies and so on,which hinder market unification and destroy fair competition,the review system of fair competition has been established.However,policy-making organs have shortcomings such as insufficient review power and lack of review ability in self-review mode.In order to solve these disadvantages,It is urgent to introduce the third party evaluation into the fair competition review system.The third party evaluation mechanism of fair competition review has experienced 7 years of practice development in our country.Although its unique advantages of independence,professionalism and objectivity help to make the review of fair competition more scientific and authoritative,it has obtained certain results.However,some problems have been exposed gradually in the process of actual operation,and it has not achieved the ideal effect of the system.Therefore,we should improve the third party evaluation mechanism of fair competition review on the basis of national conditions.In addition to the introduction and conclusion,the main body of the text is mainly divided into the following four parts:The first part is an overview of the third party evaluation mechanism of fair competition review.This chapter starts with the definition of the meaning,and discusses the positioning of the third-party evaluation mechanism on the basis of understanding the meaning.Secondly,it describes the necessity of introducing the third-party evaluation mechanism into the review system of fair competition,mainly analyzes the lack of motivation and ability of the policy making organs to review,and the unique advantages of the third-party evaluation institutions can effectively make up for the shortcomings of the policy making organs to "examine themselves",so as to improve the quality and efficiency of the review work.Finally,the theoretical basis of the third party evaluation mechanism for fair competition review is analyzed.The second part is the present situation and dilemma of the third party evaluation mechanism.This chapter first describes the legislative status and implementation status of the third-party evaluation,and then discusses the existing problems of the third-party evaluation from three aspects: First,at the legal level,there is no independent and clear law to provide the basis for its implementation of the third-party evaluation mechanism for fair competition review,and at the same time,there are some defects in the functional positioning of the third-party evaluation mechanism.Secondly,at the level of program design,there are problems such as the selection rules of third-party evaluation institutions are not standardized enough,the setting of review standards is not clear enough,and the implementation of third-party evaluation results is not in place.Finally,at the level of safeguard measures,there is a lack of effective information exchange and communication in the evaluation process,and imperfect supervision mechanism and accountability mechanism.The third part is the experience and inspiration of the third party evaluation mechanism of fair competition review of foreign countries.This chapter mainly introduces the competition payment system of Australia,the state aid control system of the European Union and the competition evaluation system of South Korea.Through the analysis of the systems of foreign countries,the enlightenment is drawn to the development of the third-party evaluation mechanism of fair competition review in China,such as clarifying the legal basis of the third-party evaluation mechanism,establishing the third-party evaluation incentive mechanism and strengthening the review of key areas.The fourth part is the suggestion of perfecting the third party evaluation mechanism of fair competition review.Firstly,at the legal level,it is necessary to establish the legal status of the third-party evaluation mechanism for fair competition review,clarify the functional positioning of the third-party evaluation,and provide legal guarantee for the operation of the third-party evaluation mechanism.Secondly,at the level of program design,the selection rules of third-party evaluation institutions should be clarified to ensure fairness and justice.To further clarify the examination standards,scientific and clear;The evaluation results should be strictly implemented and accurately applied.Finally,in the level of safeguards,we should strengthen information exchange and communication in the fair competition review,improve the supervision of the third-party evaluation institutions and policy-making organizations,and establish perfect accountability mechanisms,so as to ensure the fair competition review third-party evaluation mechanism develops smoothly in our country.