Study On China's Legal System Of Fair Competition Review

The fair competition review system aims to restrain the government behavior,to ensure that all kinds of industrial and investment policies that issued by the government are based on the premise of not undermining the unified the market and fair competition in the future.Fair competition review system regulates the administrative monopoly behavior of the government from the source,which is an important part of China's anti-monopoly law system.As a new system,China's fair competition review system has many deficiencies.For example,the defects of self-censorship mode are unavoidable,the phenomenon of "soft execution" such as non-review,no serious review and formal review are common in concrete practice;the responsibilities of the joint meeting are not clear and marginalized,and it is difficult to play a coordinated role in the fair competition review;exceptions have been abused and become a refuge for some policy organs to purse anti-competitive economic policies;the promotion mechanism is one-sided.There are many reasons for the unoptimistic implementation of the fair competition review system in China,such as the unavoidable private interest demands of policy-making organs under the self-review mode,the insufficient ability of the review subject,the unclear review criteria and the lack of incentives.Because of that China's fair competition was originated from foreign competition evaluation policies,we could study from foreign legislation and law enforcement of policies on competition evaluation experience to solve the problems of fair competition review system in our country,such as the national aid system of EU gives the review results com pulsory enforcement,which ensures the final implementation of the review results;the competitive payment system of Australia that has greatly stimulated the initiative of the subject of review,Singapore is aware of the shortcomings of the self-censorship model and is gradually exploring new review models to remedy the shortcomings of self-censorship.Korea adopts an external evaluation system dominated by competition authorities,and at the same time it provides for a preliminary review by policy-making organs.On the basis of drawing lessons from overseas experience and combining with the actual situation of the implementation of China's fair competition review system,in the long run,it is an inevitable trend for China's fair competition review system t o explore and promote the legalization of the fair competition review system and the anti-monopoly legislation of the fair competition review system;And imitating South Korea's approach to build a review model led by competition policy authorities to remed y the shortcomings of self-censorship;establishing a regular evaluation clearing mechanism,and implementing third-party evaluation;drawing on Australia's experience to establish incentive mechanisms,and stimulate the initiative of the review subject,which will be important ways to improve the fair competition review system in China.