Research On The Construction Of My Country's Fair Competition Review Procedure Mechanism

Since the reform and opening up,China's economic development has been increasingly market-oriented,and the way of resource allocation has also been transformed from a mandatory and guiding plan to a market mechanism,and the socialist market economic system has been preliminarily established.However,there are still many problems in the development of market economy,among which there are a lot of obstacles that are not conducive to fair competition,free competition and effective competition.Most of these obstacles are the preferential system and fiscal and tax system of state-owned enterprises.Therefore,in the 23 rd meeting of the central leading group for comprehensively deepening reform chaired by general secretary Xi Jinping in 2016,the opinions on establishing a fair competition review system in the construction of the market system(hereinafter referred to as the opinions)was adopted,marking the preliminary establishment of a fair competition review system in China.The guideline aims to eliminate unreasonable government restrictions on competition,reduce government intervention and enhance market vitality,but the outline of the content and standards of fair competition review and specific operating procedures in the guideline are only very simple explanations.Only a very detailed operational plan can enable a system to play its own advantages.On October 23,2017 the national development and reform commission,ministry of finance,the ministry of commerce,state administration for industry and commerce,the legislative affairs office under the state council in conjunction with related departments to study and formulate the "fair competition" censorship rules(provisional)"(hereinafter referred to as" implementation rules "),further clear about the fair competition the review mechanism and censorship procedure in China.Although it has carried on the further elaboration to the system procedure,but only is in the theoretical conception,in the actual operation each kind of question and the insufficiency cannot solve completely.This paper will start from the procedure of the fair competition examination system,combined with China's new "implementation rules" to explore it,and pointed out the problems of the fair competition examination system mechanism,reconstruction path.The specific contents of this paper are as follows: the first part is a brief overview of the topic selection background,research significance and research status quo of this paper;The second part first introduces the current situation of the review of policy documents in China,mainly from the legislative review and judicial review of administrative normative documents to explore the current situation.It is clear that China's current fair competition review procedures have established a combination of self-review and external supervision procedures.Secondly,we find that the internal procedure of our fair competition examination system is formalistic,the external supervision procedure is not perfect and there is no corresponding relief procedure.The third part mainly analyzes the theoretical basis of China's fair competition review procedure mechanism construction,from the public choice theory and procedural due theory to prove the necessity of China's current review procedure should be established and establish what kind of due review procedure.The fourth part draws lessons from the successful experience of fair competition examination procedure mechanism outside the region.Through comparing and analyzing the successful experience of fair competition examination(competition evaluation)procedure system in eu,oecd,Australia and South Korea,the author draws the conclusions that can be used for reference.The fifth part,through the analysis of the problems and theoretical construction of the review procedure mentioned above,puts forward the way to improve the internal procedure,external supervision procedure and relief procedure of China's fair competition review.