Research On The Third Party Evaluation Mechanism Of Fair Competition Review In China

The relationship between market and government is the basis of the rational allocation of resources in market economy.Due to the early implementation of industrial policies,there were widespread local protection,regional blockade,industrial barriers,enterprise monopoly,etc.,which affected the stable,sustainable and innovative development of China's economy.In order to reduce the government's unreasonable intervention,correct the negative consequences of the policy and deepen the reform of the economic system,China has established the Fair Competition Review System.Considering the current situation of limited competition law enforcement resources in China,the Fair Competition Review System mainly adopts the self-examination mode of policy-making organs.Since the implementation of China's Fair Competition Review System,the main problems faced by the system have been transformed from "have or not" to "good or not".Due to its inherent disadvantages,the implementation effect of the Self-Review Mechanism is not ideal.It needs to use external mechanisms to optimize the Self-Review Mechanism.The key to play this role lies in the Third Party Evaluation Mechanism.As a working mechanism of Fair Competition Review System,its independence,professionalism and objectivity can break through the dilemma of internal evaluation of the administrative system.Some local government departments have tried to establish the Third Party Evaluation Mechanism,but there are still practical implementation difficulties,such as not clear its position in the Fair Competition Review,the scope of application of the third-party evaluation is not comprehensive,the intervention procedures of evaluation institutions are not perfect,and the third-party evaluation procedures are not detailed.As a result,it is difficult to play its mechanism value,so it is necessary to improve the Third Party Evaluation Mechanism.By comparing the Competition Neutral System of OECD and the Aid System of EU,this paper analyzes their research and implementation.On the basis of comprehensive consideration of the actual situation of different countries,it draws lessons from its effective and scientific evaluation mechanism design and rich practical experience.Based on the basic principle of anti-monopoly law regulating administrative monopoly,it designs at the top level,internal working mechanism,safeguard measures,etc.We should improve the Third Party Evaluation Mechanism of Fair Competition Review.We will establish and improve an independent and authoritative the Third Party Evaluation Mechanism of Fair Competition Review in line with China's national conditions,creating a unified,open and orderly market order for competition.In the first part of this paper,through empirical analysis,the implementation effect of the self-examination mode of the Fair Competition Review System in China is not ideal,and the inherent disadvantages of the self-examination of the policy-making organs are analyzed,such as the huge number of policy measures,the lack of review ability,the lack of review motivation,and the Third-party Evaluation Mechanism of Fair Competition Review is not fully applied.The key to deepen the role of fair competition review lies in the third-party evaluation mechanism.Through the analysis of the implementation basis and characteristics of the Third-party Evaluation Mechanism of Fair Competition Review,it difficult for the Third-Party Evaluation of Fair Competition Review to play the mechanism value of competition evaluation,it can break through the dilemma of the internal evaluation of the administrative system.In the second part of this paper,after clarifying the applicability of the Third-party Evaluation Mechanism of Fair Competition Review to the in-depth fair competition review,based on the third-party evaluation guide,the existing problems are analyzed in detail.At the level of entity construction,it is not clear about its positioning in the fair competition review system,the scope of application of the third-party evaluation is not comprehensive,and there is a lack of third-party evaluation organization and management organization;at the level of program design,there are some obstacles,such as the imperfect intervention procedures of the evaluation organization,the lack of refinement of the third-party evaluation procedures,the imperfection of the third-party evaluation safeguard measures,and the lack of the linking procedures with other working mechanisms.As a result,it is difficult for the third-party evaluation of fair competition review to play its due and deep mechanism value,so it is necessary to improve the Third-party Evaluation Mechanism of Fair Competition Review.The third part of this paper mainly introduces the contents of the Competition Neutrality System of OECD and the Aid System of EU,elaborates the evaluation process of the Competition Neutrality System of OECD and the Aid System evaluation plan of EU,analyzes the specific cases of the evaluation of the external independent institutions,and compares it with the Third-party Evaluation Mechanism of Fair Competition Review in China,in the evaluation institutions and evaluation procedures There are differences in evaluation methods and transparency.Considering the actual situation of different countries,we can draw lessons from the design of evaluation factors,such as the selection of evaluation institutions,the design of evaluation procedures and the publicity of evaluation results.The fourth part of this paper tries to improve the Third-party Evaluation Mechanism of Fair Competition Review from the perspective of improving the Third-party Evaluation Mechanism of Fair Competition Review,first of all,top-level design,including clarifying the third-party evaluation in fair competition review system The position and function of the degree,and the relationship between the degree and self-examination.At the same time,we should make clear the organization of Third-party Evaluation,strengthen the role of joint meetings,which are responsible for the guidance,supervision and promotion of fair competition review third-party evaluation.Secondly,improve the internal working mechanism,such as the scope of application,the selection of evaluation institutions,the disclosure of evaluation process information,and the refinement of evaluation process.Finally,we should ensure the effective implementation of the Third-party Evaluation Mechanism of Fair Competition Review,improve its supervision,evaluation and accountability,link up with the complaint mechanism,relevant supporting mechanisms,the competition promotion and competition culture advocacy.