Research On The Third Party Evaluation Mechanism Of Fair Competition Review

The efficient running of competition mechanism and the prosperity of market economy hinge on a fair market competition environment.However,a series of policies and measures that distort the allocation of market resources are still widespread,such as local protection,regional blockade,trade barriers and illegal preferential measures,hindering the establishment of a unified national market.In order to tackle these problems,the fair competition review system has been established in our country,which gradually exerts the function of governance modernization in the construction of modern economic system.The fair competition review system adopts the self-examination mode,that is,the policy-making organ review the policy measures formulated by themselves,which at the same time clarify the specific contents of the standards and supporting measures of self-examination.Theoretically,due to the potential lack of ability,lack of motivation and interest constraint,the fair competition review system must stabilize or strengthen its institutional effectiveness with the help of external mechanism.Therefore,it is particularly necessary to establish a third-party evaluation mechanism for fair competition review.According to related provisions of "Third party evaluation shall be organized when conditions are mature" and "Third party evaluation is encouraged"in relevant documents,it is necessary for China's fair competition review system to change from single self-review to internal and external comprehensive review and from the discretion of policy-making organs to the third party's active auxiliary discretion.However,policy measures are highly related to the management concepts,methods and powers of policy-making organs.In the current system and system environment of our country,it is quite difficult for the third-party evaluation mechanism to truly achieve the effectiveness of the system if it lacks the necessary legal provisions.Therefore,it is necessary to rethink and supplement the third-party evaluation mechanism from the perspectives of principle,positioning and implementation mode,so as to clarify its specific and neutral review position.At present,some local policy-making organs have tried to establish a third-party evaluation mechanism.Although it has played a certain value in terms of professionalism and efficiency,there are still multiple implementation difficulties,such as the lack of top-level system design,the shortage of a long-term mechanism,nor the elaboration of its overall design and specific content,which makes it difficult to exert effective mechanism constraints on policy-making organs and third-party evaluation agencies.On the one hand,the management of the third-party evaluation organization is not sound,and the evaluation model is single.On the other hand,its own development is confronted with many challenges.Of course,there are still some other problems,such as the lack of perfect information sharing mechanism,the poor communication between policy-making organs and third-party evaluation subjects,and the obvious information asymmetry.It is difficult to guarantee the independence of third-party evaluation,which is reflected in its high dependence on policy-making organs in terms of functions and funds;At the same time,there may be a lack of effective constraints on the feedback and application of evaluation results.The existence of these problems makes it difficult for the third party evaluation of fair competition review to play its due and deep mechanism value.Through clarifying the role of anti-monopoly law enforcement agencies,it is necessary to refine the implementation procedures including selection rules and establish an effective supervision and evaluation mechanism so as to optimize the management of the third-party evaluation organization of fair competition review;At present,we need to have a clear policy organs responding to the results of the third-party evaluation program to promote the use of evaluation results,to explore the construction of a unified national examination information processing system of the third-party evaluation of fair competition,optimize the relevant supporting facilities such as the third party appraisal institution and talent cultivating and other measures to ensure fair competition review the third-party evaluation can be implemented effectively.