The Research On Implementation Measures Of Fair Competition Review System

In June 2016,the State Council issued the opinions on the establishment of fair competition review system in the construction of market system,marking the formal establishment of fair competition review system in China.Through the fair competition review system,it can form a complete system of administrative monopoly regulation,and also enable policy-making organs to better handle the relationship between the government and the market and promote the normal development of "government compliance".After more than three years of efforts,the system has achieved certain results,such as the vast majority of places have issued relevant implementation opinions based on their own reality,and established a joint conference system of fair competition review.However,compared with the positive results,there are still many problems in China’s fair competition review system,and there are many deficiencies in the specific implementation process.First of all,this paper analyzes and summarizes the characteristics of the fair competition review system in China,points out that based on the national conditions,China has chosen the self review mode of "policy makers’ self review",analyzes the current implementation status and explores the reasons for the poor implementation.The author believes that there are three main reasons: first,the mode of "policy maker’s self-examination" makes the policy-making organs lack of motivation for self-examination,which is easy to be lazy in implementation;second,the antitrust law enforcement supervision has insufficient deterrent effect,which only has the right to suggest to the higher authorities of the policy-making organs,and does not have the right of direct punishment;third,the social supervision mechanism is not perfect,The opinion on the establishment of fair competition review system in the construction of market system stipulates the relevant social supervision mechanism,but the lack of supporting measures leads to the limited role of social supervision mechanism.Onthis basis,through comparative analysis,literature research,etc.,reading and studying a large number of literature,summarizing the previous research results,at the same time,put forward suggestions for further implementation of China’s fair competition review system,mainly including the establishment of China’s incentive mechanism,improving the enthusiasm of policy makers to implement the fair competition review system through positive incentives;improving the public The legal responsibility system of the fair competition review system,improve the status of the anti-monopoly law enforcement agencies and clarify the relevant responsibility subjects,promote the implementation of the fair competition review system through the way of reverse punishment;optimize the information platform of the fair competition review,and promote the implementation of the fair competition review system through the way of side social supervision.