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A Study On China's Censorship Of Fair Competition

Posted on:2020-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q LiuFull Text:PDF
GTID:2416330572494172Subject:legal
Abstract/Summary:PDF Full Text Request
The development of socialism with Chinese characteristics cannot be separ ated from the market economy,and the fairness of market competition in the market economy has received much attention.It is true that market competition fairness can promote the vitality of the market economy and the effective coo rdination of resource allocation.The solution to the problem of competition eq uity in the process of market competition is also the meaning of the deepening reform of China's socialist market economy.However,due to the defects of China's traditional planned economic system and the existence of a large numb er of administrative monopolies,there are still many unfair market competition phenomena.Based on this,the State Council issued the "Opinions on Establis hing a Fair Competition Review System in the Construction of Market System",which requires the establishment of a fair competition review system to regula te the relevant behaviors of various provincial and municipal governments.At t he same time,the subsequent implementation of the "Fair Competition Review Implementation Rules(Provisional)" marks the beginning of China's establishme nt of a fair competition review system with a view to building a fair competiti ve socialist market economy environment.However,in terms of its implementa tion effect,it is not satisfactory.The uncertainty and ambiguity of the existing fair competition review standards have led to a poor review of various policy documents.The review standard is the core component of the fair competition review system.If it can not effectively examine various government document s affecting market competition,the fair competition review system and the con struction of a fair market competition environment are tantamount to paper disc ussion.In view of this,this paper starts from the idea of finding problems,an alyzing problems and solving problems,sorts out the existing problems of the fair competition review standards,examines and reflects them,and then puts fo rward the effective improvement of China's fair competition review standards.Countermeasures,in order to benefit the construction of a fair and competitive market environment in China.In addition to the introduction and conclusion,this article is divided into f our parts:The first part: the basic interpretation of China's fair competition review s ystem.This part mainly introduces the origin of the fair competition review sy stem and explores why it has become an effective means for governments to c ontrol market competition.Then turn the vision to the reality of our country,a nd sort out the construction and development of the fair competition review sy stem in China,and express its specific definition.In addition,this section also analyzes the function of the fair competition review system and emphasizes it s importance to the construction of the market economic order.The second part: the status quo of China's fair competition review standar ds.In this part,starting from the fair competition review system currently impl emented in China,based on its review criteria,it first analyzes that China's fai r competition review criteria have the following characteristics: emphasizing the government's superior legal basis for controlling market behavior,content is pr ohibited.It is stipulated as the mainstay and strives to achieve the connection with other legal systems.Then based on its content and characteristics,it analy zes the shortcomings such as the absence of relevant terms,the relatively simp le review criteria,the lack of comprehensive consideration of market competitio n,and the lack of relevant supporting legal measures.Furthermore,from the th ree dimensions of the implementation of the fair competition review system,th e participants of market competition and the construction of fair market compet ition order in China,the necessity of optimizing the fair competition review st andards in China is emphasized.The third part: the consideration factors for the optimization of fair compe tition review standards in China.Before optimizing the optimization of China's fair competition review criteria,it is necessary to clarify which factors should be carefully considered in the process of reviewing standards optimization.Based on the SCP theory of industrial organization,this part explores the impact of market structure,market behavior and market performance factors on China's market competition.As far as the market structure is concerned,if the compe titive incentive elements and competitive qualification factors are affected by th e government's control policies,it may have a negative effect on the fair comp etition environment of the market.In the market behavior,the government may influence the fair competition of the market by restricting the quality standard s,prices and marketing behavior of the market participants.In addition,for the market performance factor,it is mainly from the perspective of consumers in the market economy,expounding that restrictions on consumer choice and cons umer access to information can also lead to unfair market competition.The fourth part: the countermeasures for the optimization of fair competiti on review standards in China.Based on the above analysis of the status quo a nd causes of the problem,after constructing the impact factors affecting the op timization of the review criteria,the corresponding recommendations for the op timization of the fair competition review system in China are proposed.In this part,we propose suggestions for the standard optimization of China's fair com petition review system from the macro level and the micro level.At the macro level,it mainly proposes its recommendations from the overall optimization of standards;at the micro level,it depends on the influence of market structure,market behavior and market performance on the competitive situation,respecti vely,from limiting the number or scope of suppliers,to suppliers.Suggestions on the optimization of China's fair competition censorship system are based o n the limitation of competitiveness,whether it is to combat the enthusiasm of suppliers,and whether there are restrictions on the information available to con sumers and their choices.
Keywords/Search Tags:Fair Competition Review System, Government Regulation, Market Competition, Review Criteria
PDF Full Text Request
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