The Perfection Of The Fair Competition Review System In China

The Fair Competition Review system is an institutional arrangement that can prevent the administrative organs from abusing their administrative power to eliminate and restrict market competition.The earliest research on the Fair Competition Review System in the world began in the 1990 s.And it was established in 2016 in China.Since the birth of the system is often accompanied by problems,the Fair Competition Review System is no exception.There are many problems in the implementation of the system,and the effect of practice is bad.How to improve the Fair Competition Review System has become an urgent practical problem.The paper defines the Fair Competition Review System,and analyzes the developmental of the system.At the same time,this paper combines different economic theories to explain the rationality of the Fair Competition Review System established in China.And then this paper examines the current situation of the Fair Competition Review System in the China.It finds that the local legislation deviates the original intention of the system design,the result of the fair competition review is not satisfactory and local governments have a negative attitude towards the fair competition review.The causes of these problems are as follows: The basis for the fair competition review lacks of authority.The subject of the fair competition review lacks of neutrality.The operability of the fair competition review standards are insufficient.The process of the fair competition review lacks of scientificity.The Fair Competition Review System lacks of effective supervision mechanism,making external supervision be hard to work.The accountability is week,resulting in insufficient effectiveness of the fair competition review.The lack of incentive mechanism makes the review attitude of the policy-making organs negative.This paper proposes some advice to improving the Fair Competition Review System by describing the relevant systems of Japan,Korea and Australia.On this basis,the improvement of the Fair Competition Review System should adopts the following five advice.Firstly,promoting legal status of the fair competition review by incorporating it into the Anti-Monopoly Law of the People's Republic of China.Secondly,promoting the diversification of the subject of the fair competition review.The advice is to introduce external subject to review policies together with policy-making organs.Thirdly,enhancing the operability of the fair competition review standards.Refining the existing review standards and formulating the rational review standards.Fourthly,perfecting the process of the fair competition review and add a second review.The lastly,improving the safeguard mechanism of the fair competition review.we should find feasible methods to perfect it.For example,improving the supervision mechanism,strengthening the the accountability and establishing incentive mechanism.