The Study On The Supervision And Accountability Of Fair Competition Review

Since China issued the Opinions on Establishing a Fair Competition Review in the Market System Construction in 2016,it has continuously explored and improved the fair competition review and its supervision and accountability mechanism in practice.At present,there are still some problems in the supervision system in China,such as unclear supervision division of the anti-monopoly commission,the state administration of market supervision and the inter-ministerial joint conference,the limitation of the scope of supervision and review that does not include the local government rules and administrative normative documents with low effectiveness,unreasonable regulations on the opening of the review documents and operation procedures in the social supervision,and third party assessment is not so perfect as a new system.In the accountability investigation,the existing mechanism is limited to administrative responsibility,and the connection with the lawsuit is lack of actual judgment cases and a strong legal basis.In contrast,Australia,which has developed a perfect fair competition review,while Japan and Russia which have also undergone economic transformation,have provided a reference for their development.Japan's cooperation with institutional supervision and social supervision,coupled with the introduction of judicial accountability,has ensured the effective operation of its fair competition review;Australia and Russia have built a highly independent,unified and authoritative law enforcement agencies,Meanwhile Australia takes competition compensation as the reward and punishment mechanism,Russia adopts the accountability mechanism including administrative,civil and criminal liability,showing its determination to protect market competition and promoting the development of its own fair competition review.Combined with the existing problems in China and foreign development experience,this paper puts forward suggestions for the optimization of fair competition review in China.In the supervision system,it can be divided into "institutional supervision" and "social supervision" two categories.In the supervision of institutions,the division of supervision should be made clear,and law enforcement agencies should be endowed with the power of administrative punishment and quasi-judicial power.Refine the object of supervision,and the normative documents with low effectiveness but closely related to economic life should also be included in the object of supervision;In the social supervision,it is necessary to improve the regulations on the disclosure of documents related to the examination of competition assessment,humanly improve the supervision methods from the two aspects of reporting channels and burden of proof,and standardize the third-party evaluation system to make sure it can play the supervision role.In terms of accountability,we should improve the existing system,attach importance to the feedback on the supervision opinions and suggestions,establish an administrative compensation system,introduce litigation accountability,clarify the quasi-judicial power of law enforcement agencies,and dock with the administrative litigation law to improve the distribution of litigation burden of proof.The degree of economic efficiency competition is the fundamental factor that determines economic growth and social welfare maximization.Improving the supervision and accountability mechanism in the fair competition review will enable the system to better restrain the government behavior at the source,correct and prevent policies that hinder competition,balance industry and competition,and adapt to the new normal of economic development.