Research On Fair Competition Review System Of Government Procurement In China

In June 2016,the State Council issued “the opinions on the establishment of fair competition review system in the market system”,marking the establishment of fair competition review system in China.On the one hand,the “opinion” indicates that our country is further deeply aware of how to handle the relationship between the market and the government in the new normal state.On the other hand,it is also emphasized that fair competition is the only way to develop the socialist market economy.The system of fair competition review,as an important means to promote the establishment of the competition policy,is also the inevitable requirement of the development of the times.Fair competition review system establishment is not weakness lends wings to rumours,this system is the inheritance and innovation of the classic Marx's view of competition and the modern socialist competition theory in the competition theory,to develop Marx's theory of competition and to prevent the elimination of competition measures to restrict market competition,ensuring that the market plays a decisive role in the allocation of resources and better play the role of the government,without any harm.In practice,the behavior of large numbers of restricting fair competition exists.Among them,there are a large number of regional blockade,discriminatory treatment of suppliers,designated or restrictedtrading objects,information barriers and other policy measures,which are extremely destructive to the fair market competition.Although the anti-monopoly law and anti unfair competition law have been regulated the behavior of restricting market competition,but the specific practice effect is not done,because they tend to "law enforcement after the event".The fair competition review system,as an effective system of "pre defense",can make up for the shortcomings and shortcomings of the "ex post law enforcement" of anti-monopoly law enforcement.Therefore,we must conduct fair competition review in the field of government procurement,so as to effectively regulate the restrictive competition in the field of government procurement,improve the supervision mechanism in the field of government procurement,promote the coordinated development of competition policy and industrial policy,and safeguard national interests and social public interests.But in the field of government procurement appears without binding force review object is not clear,review documents the subject of low rank,standard fuzzy,review procedure is unknown,lack of relief,this series of problems impedes the application of fair competition review in the field of government procurement,it's not conducive to fair competition review system implementation,standardized management is not conducive to government procurement,government procurement is not conducive to play the macro-control economic policy function and improve efficiencyin the use of fiscal funds.To the problems and shortcomings of fair competition review in the field of government procurement,based on the experience of Australia,the United States,South Korea and Japan,we should take the competition policy as the foundation of our country,set up an independent fair competition review body,and develop effective and specific evaluation standard procedures,at the same time,we should also consider the specific national conditions of our country,from the following four aspects,the review of fair competition in the field of government procurement is carried out.First,it is indispensable to strengthen the binding force on the subject of the review,and realize the organic combination of the self review and the introduction of the third party evaluation institutions.Second,on the subject of review,the object of review is clearly examined,and the policy measures to exclude and restrict the serious market competition are given priority.Third,on the standard of review,we should strengthen the rule of law of the examination standards,refine the review standards and improve the execution of the review.Fourth,in the review process,the process of review is clearly defined in the process of preliminary assessment and in-depth evaluation to improve the relief measures.