Research On My Country's Fair Competition Review System

As the basic principle of market economy,fair competition is an important basis for efficient operation of market mechanism.The Fair Competition Censorship established in document 34 of the State Council is a top-level system innovation to regulate and prevent administrative monopoly from the source of normative documents such as policies.At present,China's Fair Competition Censorship as a new system is still in its infancy.There are still many problems in the legitimacy and legitimacy of the system itself,as well as in the way of Censorship,supervision system and the culture,which suppress the authority of system implementation and greatly limit the realization of the system's due value and function.Regarding the legitimacy and legitimacy of the system construction,this paper mainly tries to clarify the legitimacy resources of the system from two aspects:the purposefulness and constitutionality of the censorship.As for the institutional dilemma in the way of censorship,the main manifestation is that the censorship tries to form a state of self-restraint of power through the way of "self-censorship" of policy-making organs.However,due to the confusion of the dual roles of the censorship organ as both the policy-making organ and the policy supervision organ,the mechanism naturally has the paradoxical problems of the lack of neutrality of the censor,even the laziness and shifting of the censor.From a theoretical point of view,the behavioral logic of "self-censorship" is based on the independence of the effect of censor,integrating the existing policy and system system to reconcile the internal rules and administrative ethics of the subjects exercising the power of censoring,so as to actively prevent and regulate administrative monopoly and realize the self-containment of power.However,whether "self-censorship" can ultimately form a state of self-restraint of power,this paper argues that we can start from the following aspects:first,the system of construction and the authority of system implementation depending on the system and authority of system legitimacy resources.In view of the current situation that the authority basis of the current censorship system is insufficient,we can try to examine the situation concerning fair competition.Specific provisions are refined and embedded in China's "Anti-monopoly Law" to enhance the authority of the institutional basis.Secondly,as for the problems in the specific procedures of the system,we can start with exploring how to effectively eliminate the contradictions and conflicts exposed by the current Fair Competition Censorship in terms of the object,subject,criteria and methods of censoring.Of course,we can try to absorb and learn from the beneficial experience of foreign countries and regions through the investigation here.In order to ensure the fair and stable implementation of the Fair Competition Censorship,we can strengthen the external supervision mechanism of the fair competition censorship and other supporting measures.In addition,this paper attempts to respond to the legitimacy,legitimacy and effectiveness of the construction and implementation of the Fair Competition Censorship on the basis of comprehensive application of legal theory,economics,economic law,administrative law and other multi-sectoral disciplines,through comparative analysis,normative analysis and other research methods,and putting forward the Fair Competition Censorship in China from the perspective of integrity.In order to gradually explore a Fair Competition Censorship suitable for China's own characteristics,specific suggestions for improvement of the system are putting forward.