Research On The Exception Of Competition Assessment System In China

Since 2015,our country gradually regulated competition assessment exception system,which means the competition assessment exception system,under existing domestic market situation,plays an important role in protecting market competition mechanism and preventing this mechanism from improper intervention.However,some deficiencies in this system may affect the function of it.This paper is aimed at exploring deficiencies of competition assessment exception system by analyzing the existing situation of competition assessment exception system and researching foreign similar regulations.As a result of these procedures some perfecting suggestions about this system can be given,which can provide some value for system improvement in the future.This paper is divided into five parts except the epilogue and conclusion:The first part is the introduction about the basic contents of competition assessment exception system.First of all,this section contains application conditions and procedures of this system.Then I analyze the function of this system from the view of economics and draw a conclusion that this system protects market competition mechanism and makes sure the best systems combination can be find.The second part relies on the practice of competition assessment exception system in our country.First of all,I introduce related regulations in our country,and find the procedure standard is not elaborated enough which may affect the implement result.Then I research some related cases in our country in order to find the existing situation of this system,which also present that rough rules leads to terrible implement.In addition,I evaluate the practice of competition assessment exception system in our country,which includes advantages and disadvantages.The third part is to analyze existing problems of domestic competition assessment exception system.The evaluation bases on the second part and refers to legislative purpose,entity application situation,and procedure mechanism.Through the presentation of the existing situation we can find some problems such as legislative purpose is not reasonable,application situation has conflicts with objects of assessment,and procedure mechanism is not intact.The fourth part is aimed at researching the application of competition assessment exception in foreign countries or organizations.Those application contains similar rules in OECD,Australia,Japan,and Korea.By evaluating these similar systems I conclude the inspiration for our country.The fifth part relates to the perfecting of this system.Firstly,I suggest the adjustment of legislative purpose which means putting social insurance clause into the public interest rule and adding regional difference element into legislative purpose.Then I advise deleting administrative laws and regulations from assessment objects in order to keep consistent with application condition.In addition,I propose some methods to elaborate the enforcement mechanism from assessing subject,assessing procedure,supervise subject,supervise procedure.The last but not the least is that I suggest some related legal guarantee mechanism,including the third-party evaluation mechanism and case guidance mechanism in order to keep unanimous with domestic situation and make sense.