Research On The Fair Competition Review Regulation Of Administrative Monopoly In China

At present,China is gradually promoting competition policy,trying to build a unified market system and change the mode of economic development.In October 2015,the CPC Central Committee and the State Council issued a number of opinions on promoting the reform of the price mechanism,which clearly put forward the basic status of the gradual establishment of competition policy.The Third Plenary Session of the 18 th CPC Central Committee pointed out that the market plays a decisive role in the allocation of resources.The report of the 19 th CPC National Congress made it clear that administrative monopoly should be abolished according to law.Administrative monopoly takes public power as the source of right,excludes and restricts market competition,and has a great harm to the operation of market economy and the establishment of competition policy.However,the current anti-monopoly law and administrative procedural law can't effectively regulate administrative monopoly,and the use of fair competition review system to regulate administrative monopoly is a new path choice made by our country.Since the introduction of the fair competition review system,under the guidance of the opinions of the State Council on the Establishment of a Fair Competition Review system in the Construction of the Market system(hereinafter referred to as the "opinions")and the "Provisional Rules for the Implementation of the fair competition review system"(hereinafter referred to as the "implementation rules"),The content of the system is constantly refined and improved,and plays a more and more important role in preventing the abuse of public power and promoting market competition.At present,the fair competition review system has reached the substantive implementation stage.Since the implementation of the fair competition review system,although the pre-existing regulation has made up for the lack of anti-monopoly law in regulating administrative monopoly afterwards,with the implementation of the system,the system's drawbacks and defects are increasingly exposed.This study starts from two aspects: how to improve the fair competition review system and how to promote the implementation of the system to regulate administrative monopoly,in order to promote the system to regulate the improvement and development of administrative monopoly,and promote the implementation of competition policy.Starting from the theoretical analysis of fair competition review system and administrative monopoly,it demonstrates the necessity of using fair competition review system to regulate administrative monopoly.The second chapter mainly through the analysis of the current situation of the system and the status quo of implementation to find the shortcomings,and provides solutions for the improvement and implementation of the system.In the third chapter,through the interpretation of the competition policy between Australia and Singapore,it provides useful enlightenment for solving the problem.The fourth chapter of this paper focuses on the discussion of the solution path.Effective regulation of administrative monopoly requires the joint force of various systems.Therefore,it is advocated that through a variety of measures to achieve the purpose of regulating administrative monopoly,such as through the improvement of examination standards and procedures to achieve the sublimation of fair competition review system,promote competition advocacy,standardized review process and so on to promote the implementation of fair competition review system,so as to achieve effective regulation of administrative monopoly.