Research On The Complaint Mechanism Of China’s Fair Competition Review System

China began to implement the fair competition review system in July 2016.The implementation of the fair competition review system establishes the basic status of China’s competition policy,effectively coordinates the relationship between competition policy and industrial policy,and cooperates with the Anti-Monopoly Law to jointly regulate the administrative monopoly of the government before,during and after the event.It regulates from the "abuse of administrative power" behavior stipulated in "Anti-Monopoly Law" only to the requirements of the rationality of government behavior.The life of the system lies in practice.As an after-the-fact public supervision mechanism,the complaint mechanism is conducive to building a bridge of communication between the government and the public,and ensuring the effective implementation of the fair competition review system to better coordinate the competition policy and industrial policy.The relationship between the government’s administrative behavior and the effective implementation of the fair competition review system.However,the complaint mechanism in China’s fair competition review system has problems such as incomplete complaints objects,unclear complaints and treatment subjects,lack of specific complaint procedures and open channels of complaints.As a country that has implemented competition policy earlier,Australia has clear procedures and strong practical experience in its competitive neutrality system.In order to avoid the distortion of state aid measures in the internal market competition,the EU has also set up corresponding complaint mechanisms,and has well-established procedures and years of processing experience.However,Australia’s competitive neutrality system,as well as the EU’s state aid system and China’s fair competition review system are still different,and the actual national conditions of the two countries are different as well.After reviewing the complaint mechanism in the Australian competition neutral system and the EU state aid system,we also built the complaint mechanism in the fair competition review system in China with reference to other complaints and relief procedures in China,in order to better implement the fair competition review system,create a good environment for fair competition and establish a unified,open and competitive market system.The first part of this paper briefly describes the evolution of China’s fair competition review system,introduces the content of China’s fair competition review system and complaint mechanism,and analyzes the importance of the complaint mechanism in the anti-administrative monopoly and fair competition review system,and briefly expounds the shortcomings of China’s fair competition review and complaint mechanism,analyzes the characteristics of the complaint mechanism in the fair competition review system,and on this basis,explore,as a long-term public supervision mechanism,what role does the complaint mechanism the fair competition review system paly for the close relationship between the government and the public.The second part of this paper,after clarifying the due purpose of the complaint mechanism in China’s fair competition review system,finds out the situation of China’s fair competition review and complaint mechanism in practice,and analyzes the receiving and processing of the complaint mechanism in China is not comprehensive.The cause of the specific problems in the complaints department is not clear,the complaint handling procedures are imperfect,and the open channels for handling complaints are not established.The third part of this paper mainly introduces the contents of the relevant extraterritorial system.This paper selects the complaint mechanism in Australia’s competitive neutral system and the complaint mechanism in the EU state aid system.It briefly introduces Australia’s competitive neutrality system and EU state aid system,and elaborates the Australian competition neutral complaint mechanism and EU state aid’s complaint mechanism,and analyzes the specific cases of the applicable complaint mechanism and compares it with the fair competition review complaint mechanism in China.The fourth part of this paper tries to learn from the main body of complaints,the way of receiving complaints,the handling procedures of complaints,etc.by referring to the complaint mechanism in Australia’s competitive neutral system,the complaint mechanism in EU’s state aid system and China’s relevant system,combined with China’s actual national conditions.Suggestions are made to improve the complaint mechanism in China’s fair competition review system,to ensure the effective operation of China’s fair competition review system,and to advocate a rational and orderly competition culture and maintain a fair competition market system.