A Study On The System Of Fair Competition Examination In China

Market economy is the rule of law economy,and the rule of law is the inherent requirement of the socialist market economy.The party's "19th CPC National Congress" Report calls for deepening the reform of "Regulation and service" With the commercial system as a breakthrough,and speeding up the overall implementation of the negative list system of the market access and the system of the fair competition examination.On June 1st,2016,the State Council issued the "Opinions on the Establishment of a Fair Competition Review system in the Construction of the Market system"(Hereinafter referred to as "The opinions"),which is an important symbol of the establishment of a fair competition review system in China.It is the beginning of the maturity of our market economy.Our country will step into a comprehensive exploration and examination of the factors hindering the development of the market economy,the most important of which is the improper intervention of the government.Now the fair competition review system will assess in advance the improper intervention policies of various kinds of the governments.At present,the reform of our country's economic system has reached a critical period.With the deepening of the reform,we must break the regional division and the monopoly of the industry and break down the market barriers,which require the government and the functional departments,regardless of the system of the legal system,or the introduction of the policies and measures must be based on the protection and promotion of the fair competition in the market to create a good environment for the competition.The establishment and development of the market economy in our country is carried out in the traditional planned economy system,and it is a typical government-led market economy construction mode.From the overall control of the government to the decentralization,in this process,the government has always been in the game with the market.After the 14 th National Congress of the Party,with the establishment and development of our socialist market economy,the role of the market regulation needs to play a role in a larger field,and the market will determine the allocation of all kinds of the resources.This trend is bound to create the friction with the government's public power and even encounter the constraints from the government.The problems of the regional blockade,trade barriers,local protection,enterprise monopoly,administrative organs giving preferential policies to the enterprises or harming the interests of other enterprises are widespread in many areas of our country.Therefore,in order to prevent the distortion of the market mechanism and to maximize the role of the market regulation,the balance between the government behavior and market mechanism is needed to ensure the fair competition in the market economy and to ensure the overall deepening of the market-oriented reform.There must be a number of the legal systems that work.The promulgation of the opinion is of great practical significance.The opinions stipulate four relatively comprehensive contents of the examination,such as the object of examination,the way of examination,the standard of examination and the mechanism of guarantee.However,there is only a large framework and principle in the system of the fair competition review in our country,and no detailed and concrete examination measures are yet available.And there are still many shortcomings in the opinion.At present,we should speed up the revision of "Anti-unfair Competition Law","Land Management Law",and improve the contract,real right,intellectual property and other related legal systems and upgrade the effectiveness of the legal system.Must be in accordance with the unit system and the principles of the standardization and efficiency,strengthening the examination of the fair competition,and perfecting the market supervision system.The authorities in charge of the fair review must be clear so as to facilitate the development of the fair competition review;The core of the fair review system should be the review standard,which must be studied carefully and clearly stipulated that if the review standard is not clear,it will inevitably hinder the accuracy of the fair competition review.To perfect the fair competition system of our country,we can study and draw lessons from the experience and system design of the foreign countries,but we should also adapt to the actual situation of our country.The system of the fair competition examination in our country should firstly establish the independence and authority of the competent department.Take the "Opinion" As a broad framework and develop more detailed implementation rules as soon as possible;The content of the review can be divided into the compliance review and rationality review;The "Preliminary evaluation" And "In-depth evaluation" Of Korea's fair competition review are of great significance.The author believes that strengthening the supervision and periodic evaluation mechanism for the maintenance of the fair competition in the market plays a prominent role.