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Research On The Regulation Of Fair Competition Review Of Administrative Monopoly In My Country

Posted on:2020-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:M C ChenFull Text:PDF
GTID:2436330599455911Subject:Economic Law
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Since the implementation of China's anti-monopoly law for many years,administrative monopoly has been more serious and prominent in China,so China has more reason and necessary legal regulation.The introduction and implementation of the fair competition review means that the fair competition review system has become the key policy for the next step of China's market economy construction.It is necessary to analyze the realistic dilemma and improvement path of the fair competition review of administrative monopoly.The fair competition review system is essentially a competition policy.Its core content is to solve the government's excessive intervention in the market,prevent the market competition from being damaged,and ensure that all market participants can carry out economic activities on an equal basis.The fair value of the fair competition review system regulates the administrative monopoly: the fair competition review system is the content of the competition policy,and it is the coordination and treatment of the relationship between the market and the government.It can start from the basic concept of the market economy,that is,the market is Play a decisive role in the allocation of resources.The fair competition review system has the function of opposing monopoly and promoting sustained economic development,deregulation and rational regulation of government power.However,the existing administrative monopoly regulatory channels such as self-correction,anti-monopoly enforcement and judicial review are difficult to form effective administrative monopoly.Regulation,therefore,the fair competition review system regulates administrative monopoly has certain reasonable value.The dilemma of the implementation of the administrative monopoly fair competition review in China is mainly manifested in the shortcomings of the "self-censorship"-based review method,the lack of incentive mechanism,the difficulty of guaranteeing the initiative of the responsible subject,the lowstandardization and operability of the review criteria and procedures..After fully summarizing the implementation experience of the fair competition review system in Australia,the EU and South Korea,it finally proposed to refine the specific standards and procedures for fair competition review by improving the “self-censorship” review mechanism,establishing incentive and disciplinary mechanisms for policy-making bodies.Equal path to improve China's administrative fair competition review system.
Keywords/Search Tags:administrative monopoly, fair competition review, competition law enforcement
PDF Full Text Request
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