Research On The Exception Of Competition Assessment System

In 2016,the state council promulgated “the opinions on establishing a fair competition review system in the construction of the market system”(hereinafter referred to as <the opinions>),which made corresponding requirements on the specific situations,preconditions and review subjects of the system of exceptions to fair competition review.In October 2017,China's national development and reform commission,the ministry of finance,the ministry of commerce,the state administration for industry and commerce,and the legislative affairs office of the state council jointly promulgated “the implementation rules of the fair competition review system(interim)”(hereinafter referred to as the <detailed rules>),which further clarified various provisions on the system of exceptions to the fair competition review.In the present stage our country market environment,fair competition review applicable exception system has become a comprehensive set of relationship between government and market at the present stage in China key and inevitable requirement,but in view of the existing provisions of imperfect competition and the rule of law,economic system and cultural problems such as imperfect competition,fair competition review applicable exception system easy to abuse.This paper makes a full study of the implementation status of the applicable exception system of fair competition review in China,analyzes the problems at the current stage of the system and the causes of these problems,and formulates the corresponding solutions based on the successful experience of the exception system of fair competition review in foreign countries and the actual situation in China.Fair competition is the core content of censorship includes both suppression principle and exception,so in order to precisely the exception provisions shall be applicable to the examination system of fair competition,this article first to review "fair competition" and "exception system" the two basic concepts analysis,and introduces the applying condition of the exception system and application program,with the "competition order" and "public interests" Angle discusses the value of the system.Secondly,this paper takes the time and content of the promulgation of legal documents as the context to analyze the legislative evolution of the system of fair competition examination exception.On the basis of fully affirming the social value of the system of exceptions to fair competition review,this paper summarizes the typical cases of fair competition review published by the state administration for market regulation,and finds that there are still many aspects to be improved in the system of exceptions to fair competition review.This paper analyzes the two aspects of the system construction and the system operation of the exceptions in the fair competition review to study the current problems.According to the data summarized in the analysis,there are still some problems in the construction of the system of fair competition review in China,such as unreasonable legislative purpose,low level of effectiveness,unclear applicable standards,and lax supervision procedures.In order to solve the above problems,in the fourth part,this paper introduces the successful experience of the fair competition examination exception system in the European Union,OECD and Australia.It can be seen from the exception system of fair competition review in the European Union,OECD and Australia that the preconditions for applying the system are basically based on the protection of public interests,and the policy measures with the least impact on market competition are selected on the premise of no better alternative.At last,this paper puts forward the following Suggestions to improve the system by analyzing the experience outside the region and taking into account China's national conditions: firstly,the purpose of legislation should be adjusted,and the policies and measures to safeguard national security should be directly taken as the "exception to the application" of the fair competition review system,without the need for fair competition review.Furthermore,it is suggested that the fair competition review system should be combined with the current anti-monopoly law system to supplement its deficiencies and further improve the top-level design of the exception system of fair competition review.At the same time,by enhancing the operability of the applicable standard of exception provision,the lack of review ability of administrative organs is compensated.Finally,it is suggested to improve the supporting measures of the system,including third-party evaluation mechanism and supervision mechanism.