Research On The Optimized Path Of Local Government's Fair Competition Self-review Mechanism

The fair competition review system,as a top-level system design that regulates the abuse of administrative power by local governments to exclude and restrict competition,is centered on the self-review mechanism.Whether the self-review mechanism can fully play its role is of great significance to clearing the policy measures that hinder fair competition in the market and thus stimulating the development vitality of market players.An empirical analysis of the construction and implementation of the local government's fair competition self-review mechanism found that this mechanism did not play its role well in the actual work,and there were many problems.Therefore,it is necessary to explore the optimized path of local government's fair competition self-review mechanism.There are four parts in this thesis:The first part inspects the construction and implementation of the local government's fair competition self-review mechanism.Firstly,through the relevant laws,the status quo of fair competition self-review mechanism is introduced,and through empirical analysis,it is found that most local governments have not actively established and improved the fair competition self-review mechanism.The 65 typical cases published by the National Development and Reform Commission are used as statistical samples to conduct an empirical analysis of the implementation of fair competition self-review by local governments.It is found that 65 cases are mainly discovered by the higher authorities or the masses,and the review is also organized by the higher authorities.There are few cases of self-review by local governments,so the implementation of self-review is not satisfactory.The second part analyzes the extraterritorial fair competition review mode.Singapore adopts an internal review model.The United States adopts a review model dominated by anti-monopoly law enforcement agencies,while South Korea adopts a combination of internal and external review models.Different countries adopt different review modes:the review mode does not have to be the same,and the key is to meet the national conditions of the country.The third part analyzes the realistic dilemma of the local government's fair competition self-review mechanism.According to the results of the previous empirical research,this part mainly summarizes the four main problems in the fair competition self-review mechanism of local governments in China,including the lack of local government's ability to conductself-review,the need for self-censorship and enthusiasm to improve,the lack of operability of local government self-review guarantee mechanism,and the existence of certain loopholes in the “exceptional provisions”.The fourth part explores the path of optimizing the local government's fair competition self-review mechanism.Based on the practical problems existing in the fair competition review mechanism of local governments in China,combined with the experience of extraterritorial related system construction,the improvement of local government fair competition self-review mechanism follows the following approaches:adopting a combination of self-review and external review,enhancing the operability of review standards,constructing a fair competition review information processing mechanism,improving the local government self-review incentive mechanism,refining the local government self-review guarantee mechanism,and further clarifying the “exceptional provisions”.