The Perfection On China's Fair Competition Examination System

As one of the basic principles of China's market economy,fair competition is an important cornerstone for maintaining the sustainable and effective operation of China's market mechanism.After the establishment of a fair competition review system,it has played an important role in the economic development of various countries.Establishing a unified and fair competitive market environment nationwide is becoming more and more important for China's economic system reform,because the fair competition review system can play a decisive role in the allocation of resources in the market and better play the role of the government.Establishing a fair competition review system is of great significance to the establishment of a fair market order in China and to prevent excessive government and improper intervention in the market.At present,China's fair competition review system is still in a new stage,and both theoretical research and practice are in urgent need of improvement.This paper starts with the four issues of fair competition review object,review criteria,review procedure and review exemption in the current stage of China's fair competition review system,aiming to explore and improve the path of China's fair competition review system.This paper combines the research ideas and achievements of competition law in law,follows the logic and concept of economic theory,and draws on the prior experience in the implementation and implementation of the fair competition review system outside the country to build a fit with China's economic development and legal system.Fair competition review system.This paper is divided into five parts:The first part mainly describes the concept,theoretical basis and the status quo of the implementation of fair competition review.This paper puts forward the system of fair competition censorship based on the theory of order liberalism,and combines the system as the benchmark to combine the actual state of China's fair competition censorship system,aiming to explore and improve the path of China's fair competition censorship system.The second part mainly expounds the regulations and problems of China's fair competition review object,and the provisions and enlightenment of the objective competition review object of extraterritorial countries.It is proposed that China's fair competition review system should be embedded in the Anti-Monopoly Law and give it a reasonable legal position.The order and legal implementation system clarify its position in the legal system and legalize it to ensure its effective implementation.The third part mainly expounds the provisions and problems of China's fair competition review standards,and the provisions and enlightenment of the fair competition review standards of extraterritorial countries.It proposes that the government will give specificity in the financial field in its leading financial and public service fields and its influence.The special advantages of enterprises,even in the process of government procurement,violate the requirements of laws and regulations,the distortion of competitive behavior given to the competitive advantage of specific enterprises is included in the criteria of fair competition review and the protection of consumers is included in the specific review standards,making China's fair competition review not only It only protects the market competition order from the supply side,and also focuses on the consumer demand of protecting consumers on the demand side,thus better protecting the market competition order between the supply and demand sides.The fourth part mainly expounds the provisions and problems of the fair competition review procedure in China,and the provisions and enlightenment of the fair competition review procedure in extraterritorial countries.Starting from the reality of China's national conditions,in order to effectively implement the fair competition review system in China,the general idea of perfecting the fair review procedure in China is proposed:the second review mode of "preliminary review+in-depth review" is established,and the drafting authority is formulated with regulations and policies.Review,anti-monopoly law enforcement agencies in-depth review,improve the external supervision mechanism,and establish ideas for reviewing incentive mechanisms.The fifth part elaborates on the relevant content of China's fair competition review exemption and the exemption of fair competition review in extraterritorial countries.It is proposed that China's fair competition review exemption should be exempted by the scientific community,flexible exemption conditions,and the exemption of industrial policies.It should also establish an exemption system procedure that is linked to the review system procedures.