Research On The Theory And Institution Of Competition Advocacy

In1978, the third plenary session of the CCP means China's reform and opengoes to a new historical period. After the30years of reform and development, Chinahas transferred from the high concentration of Planned economics system to thesocialist market economy system, while economic development has had great success.At the same time, since reform and opening in China economic development mode ofthe disadvantages and limitations. The development of economic structuralcontradiction, the extensive growth mode of government investment, excessivedependence on and so on, caused malady in the area of income distribution, resourcesusing, etc. The reflection and criticism of intelligentsia is more direct. On one hand,the past and introducing the building market economic system process, beginningfrom top-down government led and driven, path-dependence will make this trend tocontinue in the near future; On the other hand, the government leading marketeconomy has started to present various defects, market of the deployment of resourcesby freedom of traction power, power is already form behind the interest group. Howto keep the market economic system reform the development direction not bedisturbed and into stagnation? The subject has discussed some common keywords:First is limit the power of the government, especially the optional intervention marketmechanism of power; Second is to promote open markets, encourage more vigorousmarket competition; The last is built to ensure the fair distribution of resources. Thecurrent China to really achieve the above three propositions and is not an easy thing.Watch the rest of the world the way of the development of the market economy, theauthor found that the three problems met in our country in the world has a certain range of convergence. Combined with the development of all countries in the worldexperience, to solve the three problems all the way out of pointing in the samedirection, that is to take all measures, make "competition policy" as the core of allpublic policy.About how to ensure competition policy been the goal of the system, there are atleast three factors: Legislation on competition constitute a certain region within thescope of the basic competitive order and rules, enforcement of competition law is theforegoing rules to carry out maintenance of error correction mechanism, competitionis to improve the function of the social culture of competition, and competition lawenforcement members support and understanding. Competition advocacy is areflection of competition law enforcement. On the legislative stratification plane,competition advocacy ensures a proper balance against the interest groups lobbying.And on the law enforcement level, competition advocacy provide another path, andguide the market main body to return to the track on the order of market competition,and to expand the competition law enforcement of object. On culture constructionlevel, competition advocacy is not negative waiting for slow cultural change, butactive guide social members, to enhance their understanding of the competition, andcompetition policy, create more appropriate competition law and competition policyof the emergence and development of cultural environment. Visible, competitionpolicy to achieve the goals of the path can be a diversified. Rely on the legalimplementation of various policies means outside, in the role of competition lawregulation that does not belong to, but it to cause damage to the market order ofbehavior, and also to market order to competition policy objectives of the return ofeffect. The thesis hopes to research the latter route which is usually be called＂competition advocacy＂. ICN Competition issues of the team to put forward,Competition Advocacy is the important mechanism of constructing competitiveculture,＂ Competition advocacy refers to those activities conducted by thecompetition authority related to the promotion of a competitive environment foreconomic activities by means of non-enforcement mechanisms, mainly through itsrelationships with other governmental entities and by increasing public awareness ofthe benefits of competition.＂ The competition is the competition of the competentdepartment of law enforcement functions in a function outside, because generallythink competition advance has two components, The first part of this definition refers to practically all activities of the competition authority that do not fall under theenforcement category. The second part defines two main branches of advocacy:(1)activities directed at other public authorities in charge of regulation or rule makingand (2) activities directed at all constituencies of the society with the aim of raisingtheir awareness of the benefits of competition and of the role competition policy canplay in the promotion and protection of competition.In the current implementation of the country has competition, the competition topromote competition and the relationship between the law enforcement of standards,can will conduct classification. On the basis of comparison of comb and lead to twoconclusions: One is the competition of the difference on the path, it will directly affectthe competent departments of the competition and competition law enforcement ofcompetition of the function orientation, this for our country how to choose the path ofpromoting competition is very important;2it is different competitive promote path, inthe competition of the core mechanism of existing in common, these are theimplementation of system can be competitive when key reference system means.Legal and regulatory documents is the order of the important effects oncompetition institutional factors, legal and regulatory documents is the rationality ofthe need to constantly discuss and inspection, some based on the wrong cognition oncompetition as a result of the legal and regulatory documents, it must immediately beabolished or updated. In recent years, with the International Competition network(International Competition Net, ICN) as a representative of the Internationalorganization advice. But one country by the competent department in the competitionlaws and regulatory documents the draft discussion, and timely to the legislature,control department, the paper proposed some legal and regulatory documents to avoidexcessive intervention competition mechanism phenomenon. Legal and regulatorydocuments evaluation is the most key and important competition and method of path.The United States is an early start organization antitrust law system evaluation country,is representative of the federal government and Australia of carrying out the lawreview project, and so on.There are some monopoly and restrict competition behavior by law and becomelegal recognition of monopoly, this kind of phenomenon also called control (regulate).Since the middle of the20th century, deregulation, to introduce competition becomesa common trend. The competent department began to put the world competitionderegulation of category in competition. Competition cultural atmosphere of the form will push for the competition toprovide solid social basis and cultural soil. A system level problem is important,system behind the safeguard mechanism and culture is related to the way to addressthe root of the problem. First of all, Competition from other cultural advocate of thecharacteristics of the competition measures, it does not have any of the mandatory,completely by the competition in education, the promotion of the competentdepartment or persuade way, to market competition mechanism of some of the basicidea of the promotion. The FTC since the1980s, it started to market competition forthose to influence a bigger issue, to the specific public department or socialorganization of letter issued competition (advocacy files), expected by the majorissues in those who agree with related departments to improve the market competitionmechanism consummation. Brazil, as a representative of the developing countries, thedomestic public to the market competition of the knowledge understanding andacceptance remains to be ascend, then, we can find that Brazil in how to education inpublic propaganda has good experience. South Korea domestic big enterprise exists,big business relationship between complex, and even domestic economy affects thepolitical environment. KFTC has established a set of specific to big enterprise's"volunteer law-abiding project", the running effect is good. In Britain, the birthplaceof Keynesian represented European countries attach great importance to economicdepression of the culture of competition for publicity, this for our country also has animportant significance.This paper discussed the eventually return to China's market economic system toreform process of discussion.30years of reform and opening up is a competitionpolicy, the competition mechanism of the process. Our country in the marketeconomic system reform process, germination out some of the system withcompetition similar exploration, such as administrative examination and approvalsystem reform, the reform of state-owned monopoly industries, etc. But in the bud ofthe competition and not to domestic competition law system of perfect competitionand the formation of the culture of this should have a role. One reason is that thesystem in our country is in the stage of exploration of action are not like foreigncompetition that forms the system, this also is the common fault of the mostdeveloping countries.The competition was put forward to promote problem market mechanism ofdialectical understanding of the process and the inevitable result. China building market economic system of the course is not long, in our culture, and even thegovernment's strength exaggerated rely on more than traditional, encourage or respectthe free market traditional less. Therefore, China's market economic system reform,not the lack of market mechanism of cautious, but to the government power to watchand constraints often energy shortage. Competition can help us to improvement of thetraditional culture, and for the future of China has special significance. However, theintroduction of competition China also difficult, need some know, cultural, strategyand system, and so on various aspects of the pillar. Waiting for our road is still long.