On The Improvement Of China's Fair Competition Review System

The fair competition review system has evolved from the competition control impact assessment measures of developed countries and has been established and implemented in many countries so far.The implementation of this system is conducive to the prevention of administrative monopoly beforehand,to make up for the lack of anti-administrative monopoly in the competition law of regulating administrative monopoly in the event and afterwards,and is also conducive to the implementation of national competition policy,build a national competition system,optimize the relationship between market and government,and establish a fair market competition order.After the implementation of the socialist market economic system in China,the fair competition review system was absent for a long time.On June 1,2016,the State Council issued the "Opinions on Establishing a Fair Competition Review System in the Construction of Market System",which clarified the significance,basic principles and basic requirements of the fair competition review system,which marked the formal establishment of China's fair competition review system.Later,provincial governments issued opinions on the implementation of the system.On October 23,2017,the National Development and Reform Commission,the Ministry of Finance,the Ministry of Commerce,the former Bureau of Industry and Commerce,and the former State Council Legislative Affairs Office jointly issued the “Detailed Rules for the Implementation of the Fair Competition Review System(Provisional)”,which further clarified the principles and scope of fair competition review,review mechanisms and procedures,review standards,exceptions,social supervision and accountability.The release of the fair competition review regulations by the provincial governments and the five departments has made China's fair competition review system more and more perfect.However,it should not be overlooked that,in reality,there are still some problems in the implementation of China's fair competition review system,and it is necessary to solve these problems to further improve the system.This paper counts 123 cases related to fair competition review issued by the National Development and Reform Commission and the State General Administration of Market Supervision and Administration(the former Bureau of Industry and Commerce)from June 2016 to January 2019,and analyzes the “commitmentof fair competition review”,the “Establishment Rules for Fair Competition Review” and the implementation opinions of various localities,summarize and analyze the problems faced by the fair competition review system in implementation,and based on this,propose targeted and systematic countermeasures.I hope to help improve the fair competition review system in China.In addition to the introduction and conclusion,this paper consists of the following three parts:The first part: Interpretation of the basic issues of the fair competition review system.This part analyzes the origin,the essence,the institutional structure,the theoretical basis of the fair competition review system,and the realistic considerations of establishing a fair competition review system.At the same time,the theoretical analysis framework of this paper is established to examine the fair competition review system in China,find out the problems existing in it,and propose corresponding countermeasures to provide directional guidance.The second part: the practice of China's fair competition review system and its problems.This part mainly refers to China's " Opinions on Establishing a Fair Competition Review System in the Construction of Market System " and " Detailed Rules for the Implementation of the Fair Competition Review System " and implementation opinions of various localities,and is combined with 123 cases related to fair competition review issued by the National Development and Reform Commission and the State General Administration of Market Supervision and Administration(the former Bureau of Industry and Commerce)from June2016 to January 2019,to comment the practice of China's fair competition review system and the problems reflected in it.The third part: the countermeasures to improve China's fair competition review system.This part addresses the issues raised in the second part and explores the countermeasures to improve China's fair competition review system.The main points raised and demonstrated in this section are: improving the effectiveness level of the basis for the fair competition review system;expanding the scope of fair competition review objects;improving the operability of exception regulations;improving the supporting measures for fair competition review systems;systematic establishment of review procedures.