Research On Competition Review System

With the continuous deepening of the reform of the economic system,China has entered the new economic era and the country has basically formed a unified market.However,due to regional protection,industry monopolies and other actions that undermine fair competition in the market have become increasingly prominent.This poses a serious obstacle to the improvement of the socialist market in China.In the absence of effective domestic legislation to change this situation,our country constantly tries to change this situation with new institutional arrangements.In June 2016,the State Council promulgated the Opinions on Establishing a Fair Competition Examination System in the Construction of the Market System,clearly stipulating a fair competition review system,and preliminarily regulating the administrative restrictive competition behavior to form a top-level design that restricts power.It is not difficult to find that the fair competition review system is the result of reference to the competition review system in the world.As a measure of power constraints,the competition review system refers to a system that reviews various normative documents to judge their impact on competition and then put forward some opinions on them.It plays an important role in regulating the restrictive competition of power organs and in coordinating government and market relations,and it is practiced by many countries in the world.For example,in Australia,since 1995,it took 10 years to conduct a competition review of all laws in the country;in 2002,the United States conducted a comprehensive review of all national antitrust laws;in 2005,the EU implemented a major state aid system.Changes;starting in 2010,Japan conducted a detailed review of policy and other regulatory documents.In international organizations,the OECD has successively promulgated documents such as the "Competitive Evaluation Tool," "Competitive Evaluation Guide," "Competitive Evaluation Principles," and "Competitive Evaluation Procedure." In this context,the competition review system itself and its related issues have become important issues of common concern in the field of competition law in various countries.Many frontier issues need to be discussed and studied.However,when China's fair competition review system is in full swing,the study of the competition review system has the common characteristics of universality and particularity.While foreign countries have effectively implemented relevant countries,China's specific system of fair competition review has not yet been established,and its inability to resolve its own flaws and adapt well to law enforcement practices is still highlighted.Moreover,the theoretical research on this aspect is also relatively weak,and there is no basic theoretical basis for the construction and improvement of the competition review system.Based on this,this paper attempts to study the basic issues of the competition review system,such as the basic theory,historical development,comparative learning,institutional operation,and local construction,so as to deepen its understanding and promote the construction and perfection of the fair competition review system with Chinese characteristics.The issue of competition review in practice provides a sound path and contributes to China's wisdom and China program to promote the innovation and improvement of competition review worldwide.