The Research On The Fair Competition Review System Based On The Background Of Comprehensively Deepening Reform

Since the 18 th Congress of China's Communist Party,to make the market play a decisive role in the allocation of resources is the main theme of the comprehensive deepening of reform.This will inevitably require the competition policy playing an important role,and strengthen the effective implementation of the competition policy.With the deepening of reform,establishing the fundamental position of competition policy gradually has become the consensus of the party central committee,the state council and the people of the whole country.While fair competition review and antitrust enforcement is two key ways to promote the implementation of national competition policy,establishing fair competition review is the inevitable requirement of comprehensively deepening reform.In practice,there exist numerous behaviors in restraint of competition such as administrative monopoly,local protection,illegal subsidies,and specified transaction.As law enforced afterwards mechanism,China's Anti-monopoly Law may somehow regulate the market,but it could not eliminate the negative effects of the obstacles that impede fair competition policy.Whether it is from the perspective of maintaining the order of fair competition in the market,or from the perspective of improving the existing anti-monopoly system,our country urgently needs to establish a fair competition review system with the function of “advanced defense" and "post corrective" function of the fair competition review.In the process of comprehensively deepening reform,the review system of fair competition in China has experienced three stages: germination,establishment and implementation.On June 14,2016,the state council officially issued the opinions on the establishment of a fair competition review system in the market system,which marked the fair competition review in China has formally established.The contents of Chinese fair competition review conclude four aspects: the object of review,the way of review,the standards of review and safeguard mechanism.But generally speaking,it is still comparative principle and simple.By examining the application of the fair competition review system in the two fields of government procurement and online car-hailing services,it can be found that the system has many deficiencies worthy to be improved.First of all,the review is lack of legal basis of fair competition,the effectiveness level is low,and the scope of review is limited.Secondly,lacking of supervision mechanism of the self-review mode does not conform to the legal concept of fairness and justice.Thirdly,it is not conducive to carry out the work of review when review authorities have not made clear regulation.Fourthly,the review standard is too general,incompatible with the accuracy of the review.Fifthly,it ignored the importance of tools and methods of fair competition review.For the above deficiencies,in reference to the advanced experience of foreign competition assessment system and combined with China's national conditions,it is recommended to further optimize the fair competition review system from the following five aspects.First of all,on the review basis should be through for expanding interpretation of the existing law to establish the legal status of fair competition review.Secondly,for the way of review,the proposed use of the approval model based on self-review.Thirdly,the review authority should be as independent and authoritative institutions,namely the antimonopoly commission.Fourthly,we should further refine and make review standards clear,the content could be divided into legal review and reasonable review.Finally,about the review tool,it is suggested that draw lessons from the OECD,introduce our country the fair competition review guide,consider PSCP paradigm as a way to review at the same time.