Research On The Standards Of Fair Competition Review

Fair competition is a core element of the market economy,and any behavior that distort the competition mechanism should be prohibited.The subject of distortion of competition includes individuals,enterprises,and administrative agencies such as the government.Since the administrative agencies are closely linked to the state,s coercive power,if the administrative power is out of order,the market economy is often difficult to confront.China's existing system of administrative power regulation is still incomplete,and it is not uncommon for administrative power to disrupt market competition.In order to better manage and control administrative power,the State Council requires the establishment of a fair competition review system to review policy measures,administrative regulations and regulatory documents.As the core of the fair competition review system,the fair competition review standard means the judgment of the exercise of the boundaries of administrative power,and whether the policies and docunents formulated by the administrative agencies and authorized public organizations can be implemented and the effect of implementation can achieve the expected goals.Protect the market competition order from unnecessary administrative intervention.This paper takes the application of the standards of censorship and the application of censorship standards in practice as the starting point for the implementation of the Fair Competition Review System,and analyzes the problems existing in the current review standards.Although the "Detailed Rules for the Implementation of the Fair Competition Review System" stipulates the review criteria from four aspects,and refines the provisions of the 18 secondary standards to the forty-three third-level standards,the operability of the review standards is significantly enhanced.However,the implementation rules fail to summarize the specific definition criteria of administrative power violation of fair competition from the theoretical level,which is not conducive to coping with the complicated and varied situations in practice.In other words,the refined secondary regulations and the three-level regulations are specific behaviors in which administrative power violates fair competition,rather than a strict review standard,and cannot make a real judgment on whether administrative power violates fair competition.In additionjthe fair eompetition review standards do not substantially measure the impact of administrative power on market cometition.The market competition mechanism is complex,and the intervention of administrative power in market competition is bound to bring about many effects.However,the existence of influence i5 not the decisive factor for the violation of the standard by administrative power.Only by using scientific methods to comprehensively examine the impact of administrative power on market competition can the deternination of the connotation of administrative power be realized.The existence of the above problems exposes the shortcomings and deficiencies of the line review criteria.This paper takes the above-mentioned problems as the research object,and through the analysis of the expected objectives and actual application of the current review standards,it puts forward corresponding suggestions for improving the current review standards.It is hoped that this article can do its utmost to improve the fair competition review standards,and make the fair competition review standard an effective means of standardizing the exercise of administrative power and promote the construction of a competitive legal system.