The Research On China's Fair Competition Review Subject System

China established a fair competition review system in 2016.As the core of the fair competition review system,the rational construction and improvement of the subject system will directly affect the play of the legal effectiveness of the fair competition review system,which in turn will affect the maintenance and protection of the fair competition in the entire market.This research is very necessary and urgent.Based on the analysis of the three related documents-Opinions on the Establishing a Fair Competition Review System in the Construction of the Market System,The Implementation Rules of the Fair Competition Review System(Interim),and Implementation Guidelines for the Third Party Assessment of Fair Competition Review,this article proposes the definition and classification of China's current fair competition review subject system.It is pointed out that our country's fair competition review subject system is a comprehensive model in which policy-making organs conduct self-examination as the lead with the whole legal responsibility,and other multi-agents assist in participation without legal responsibility.Among them,other assistance subjects include third-party assessment agencies,antitrust law enforcement agencies and other organizations,as well as experts and scholars,legal advisers and other individuals.On the basis of clarifying the concept and operation mode of the subject system of fair competition review in China,this article further analyzes the theoretical basis behind the current fair competition subject system in China by using the relevant administrative law theory and administrative management subject theory.Combined with practical cases,it is pointed out that the current main system of fair competition review in China has the following defects:review subject's lack of initiative in starting review,review subject's lack of review professionalism,and inconsistency between reviewing responsible subject and behavior subject.The jade of other mountains can be attacked.In order to solve the defects of China's current fair review subject system.This article adopts a comparative analysis method to investigate and analyze the main.system of fair competition review in countries and regions such as the United States,Singapore,South Korea,Australia,and the European Union,.It is found that the self-censorship model of Singapore validates the policy adopted by China;the rationality of the self-examination model mainly based on formulation agencies;the external review model of the United States and Australia makes up for the shortcomings of self-supervision of policy-making agencies;the Korean Fair Trade Commission(KFTC)model and the EU's special review model prove the importance of control.Through the above research,combined with the implementation of the subject system of fair competition review in China,,this article puts forward the following suggestions on the deficiencies of the current fair competition review subject system in China:establish a higher-level spot check system to strengthen supervision and make up for the inconsistency of the responsibility and authority of the review subject;establish a selection mechanism for third-party assessment agencies to strengthen the transparency of third-party assessment agency selection and ensure the professionalism of review;establish an internal incentive system to stimulate the review initiative of each subject.Through the establishment of these auxiliary systems,we hope to continuously improve the main system of China's fair competition review system,so that it can better play the role of ensuring the market fair competition order.