Research On The Application Of Fair Competition Review System Of Fiscal Subsidies On New Energy Vehicles In China

The Opinions on Establishing a Fair Competition Review System in the Market System issued by the State Council in June 2016 demonstrates at the macro level China's determination to use competition mechanism to promote the survival of the fittest in enterprises and realize the optimal allocation of resources under the new economic situation,emphasizing that fair competition is the source of economic efficiency and the best choice of perfection of the socialist market economic system.The Opinion for the first time brought the fair competition review system into the public's vision in the form of text.As a symbol of our country's attaching importance to competition policy,the system is based on the accumulated recognition of the actual characteristics of market competition mechanism by policy makers.It calls for the emergence of the system.The purpose is to urge the government to ensure that its administrative actions do not harm the fair competition of the market to the greatest extent and damage the operation efficiency of the market.In practice,it is common to exclude and restrict competition.There are a lot of policy measures such as regional blockade and discriminatory treatment in the new energy automobile industry.However,because of the characteristics of protecting environment and saving energy,these measures are often able to evade the regulation of competition law,which greatly damages the fair competition in the market.The existence of fair competition review system can not only remedy the shortcomings and shortcomings of anti-monopoly law enforcement,but also coordinate the conflict between competition policy and industrial policy.Therefore,improving the application of fair competition review system of financial subsidies in new energy automobile industry can prevent the government from promulgating policies and measures to restrict competition in order to promote the development of local new energy automobile industry,and the other is to improve the application of fair competition review system.On the other hand,it also reviews the financial subsidy policies and measures for new energy automobiles,removes the competition restrictions of financial subsidy for new energy automobile industry to the maximum extent,and safeguards the national interests and social public interests.However,there are still many problems in the application of the fair competition review system for financial subsidies in the new energy automobile industry.At present,the legal rank of the documents related to the fair competition review system is not high,which can not improve the examination subject's attention and enthusiasm to the fair competition review of financial subsidies in the new energy automobile industry.The review criteria are too general and not thorough,and the review methods are too single and lacking.Lack of professionalism,too one-sided and unbalanced review promotion mechanism,and so on,all these problems bring diff-iculties to the application of fair competition review system in financial subsidies of new energy automobile industry.To solve the shortcomings and problems in the application of the fair competition review system for financial subsidies in the new energy automotive industry,we need to learn from the experience of the European Union,South Korea,Japan and Australia.On the basis of drawing lessons from foreign experience and considering the specific national conditions of our country,we can improve the application of fair competition review system of financial subsidies for new energy automobile industry from the following aspects.Firstly,we should further improve the legal norms of fair competition review of financial subsidies in new energy automobile industry,improve the legal rank of fair competition review system,provide legal support for the review of financial subsidies in new energy automobile industry,and accelerate the promotion of "Rules for the Implementation of Fair Competition Review System in New Energy Automobile Industry","Guidelines for the Review of Fair Competition in New Energy Automobile Industry" and so on.In order to enhance the pertinence and adaptability of the law,documents such as Guidance for Examination of Fair Competition in Source Automobile Industry were promulgated.Second,refine the review criteria,enhance the operability of the fair competition review of financial subsidies in the new energy automotive industry,refine and supplement the existing review criteria,and build a review list.Thirdly,in terms of review methods,we should rationally design review methods to improve the thoroughness of fair competition review of financial subsidies for new energy automotive industry.On the basis of self-review by existing policy-making organs,we should increase in-depth review and review evaluation links of competition authorities to ensure the rigor and thoroughness of the review.Fourthly,we should improve the third-party evaluation mechanism,rationally determine the third-party evaluation institutions,ensure the objectivity and fairness of the fair competition review of financial subsidies in the new energy automotive industry,and provide strong support for the fair competition review of financial subsidies in the new energy automotive industry.Fifthly,we should improve the promotion mechanism,implement the responsibility of financial subsidy review in the new energy automobile industry,combine rewards and punishments,and improve the enthusiasm of the subject through material rewards and spiritual incentives.Sixth,we should improve the immunity system,enhance the coordination between competition policy and other policies,and clarify the types and procedures of immunity.Through the above measures,while achieving the goal of financial subsidy for the new energy automobile industry,the government should prevent the government from promulgating fiscal subsidy policies and measures to eliminate and restrict competition in the new energy automobile industry,so as to restore the unified competition market for the new energy automobile industry in China.