Research On The Criteria Of Fair Competition Examination In China

In June 14,2016,the State Council issued the opinions on the establishment of fair competition in the construction of the market system.The "opinions" in the clear provisions of the administrative organs and the authorized by laws or regulations with the administration of public affairs organization and administrative regulations formulated by the State Council and other policy measures and local regulations of the drafting department(collectively referred to as "policy-making organs"),in the formulation and drafting process according to the standard of fair competition review.This requires policy makers to use the opinions of the review criteria cited in the review,once found in the document with the elimination of restrictions on the part of the competition should be abolished or amended in a timely manner.The standard of review is a key part in the design of the system,only by the standards of review and compare with exclusion,restriction of competition to identify policy measures in components,thereby modifying after the abolition of the body to maintain fair competition in the market,to ensure the healthy development of market economy in china.The fair competition examination system is the key measure of the current competition policy establishment,is the important step to standardize the market main body fair competition,to display the market vigor,and is the important system innovation to regulate the abstract administrative action.In abroad,prenoting the competition evaluation system is the most active OECD developed a very detailed and complete the "competitive assessment tool book" to promote competition assessment,including the assessment guide ","competition "," competition evaluation principle of competitive assessment guidance document,fine clear from the Member States introduced competition to assess how the operation.The assessment standards,the OECD described in the book"competition" assessment tools,analysis from various classification standard of review to the relevant terms,to each evaluation criteria under the example analysis,is very detailed.Australia,as a country with earlier competition evaluation,has a great economic benefit after the comprehensive competition assessment.Australia in the competition assessment is a comprehensive assessment of the first,to the Australian government,down to the local government,the normative documents are all included in the scope of assessment,to "public interest" as the evaluation standard,any does not conform to the public interests of policies and measures should be evaluated.Australia's national competition assessment takes a long time,the task is heavy,but the economic results obtained after the assessment is very significant.The European Union controls the state aid,with the standard of "whether it is compatible with the common market",and all the assistance should be based on the development of the common market of the European union.Through the analysis of competition between countries outside evaluation system.system characteristics comparison of China,and gradually build the competition checklist,detailed review standards,at the same time into the administrative legitimacy review criteria,and then on the basis of the existing in a more open and flexible "public interest" standard of review.The country to build a comprehensive review of the system of fair competition,to complete the examination standard for reference,and continue to play fair competition to promote censorship system of market participants of fair competition,to promote the healthy development of China's market economy,market participants and ultimately protect the rights and interests of consumers.