The Study On The Fair Competition Review Procedure In China

On October 27,2017,the National Development and Reform Commission,the Ministry of Finance,the Ministry of Commerce,the State Administration for Industry and Commerce and the Legislative Affairs Office of the State Council jointly studied with the relevant departments to formulate the Implementing Rules for a Fair Competition Examination System(Provisional)[2017] No.1849(hereinafter referred to as the "Regulations"),with the approval of the State Council,was issued in October 2017 and was unanimously appraised by the State Council as "another boot to land" where the fair competition review entered the substantive stage of implementation.The fair competition examination system is fully established.The procedural arrangements have given due consideration to the constraints of the current economic and legal environment and are reasonable.However,they are still crude and limited institutional plans.In fact,the antitrust law enforcement agencies to restructure their authority and independence to give it substantive enforcement powers,as the second instance of the main body to participate in the fair competition review process,and give its right to revocation of competition policy And the right to punish the relevant subject of responsibility in order to strengthen the effectiveness of the supervision afterwards is a crucial step in establishing a fair and fair examination procedure.In the introduction part,it mainly elaborates five aspects,including the background of the selected topic,the purpose of the research,the review of the research,the research methods and the innovation points,which have laid a solid foundation for the research of the text.In the body part,the fair competition review process has been comprehensively interpreted from different perspectives,including the following five parts:Part Ⅰ,the question is raised.With the full establishment of the system of fair competition examination in our country,the basic mode of "self-censorship" has also been established.This model has not completely got rid of the path of self-correction within the administrative system stipulated in the "Anti-Monopoly Law" and can not completely and effectively prevent the government Intervene in market mechanism through administrative power.Part Ⅱ,the construction and valuation of fair competition examination system.Briefly introduce the contents of the fair competition examination system and the development history of the fair competition examination system of our country and make a simple analysis to highlight the value considerations of the fair competition examination system.Part Ⅲ,the basic understanding of fair competition examination procedure.This paper introduces the basic concept of fair competition review procedure and analyzes the particularity of fair competition review procedure and points out that it is a measure of the merits of the fair competition review procedure.Emphasis is placed on the rationality and feasibility of implementing the "internal examination system" model in our country so as to ensure the implementation of the fair competition review system.Part Ⅳ,the relevant provisions and comments on the fair competition examination procedure in our country.Summarized the representative documents in the construction of fair competition examination system in our country and explained the documents.Part Ⅴ,the optimization suggestion of our country fair competition examination procedure.Put forward some ideas to improve the fair competition examination procedure in our country,elaborate on the main body of the procedure participation and its rights and responsibilities from the first instance body,the second instance body,the internal supervision body and the external supervision body.For the main process of the fair competition review procedure,The review,the second review,the post-supervisory process and the joint conference system gave some suggestions.