| For a long time,the relationship between the market and the government has been a problem that scholars tirelessly want to discuss.At the beginning of its founding,China’s economy was dilapidated and needed to be revitalized.The government has stepped up macro-control and implemented a planned economy to give New China a solid foothold.In the 1980 s,the malpractices of planned economy became more and more obvious.The reform and opening up brought the dawn of development to the country,and the role of the market began to appear.In the 2004 Amendment to the Constitution,the decisive role of the market has been recognized;competition has brought great vitality to the development of the country,making China become a big country with the attention of the world.However,there are still many government documents restricting fair competitions,which inhibit the healthy development of the market,and these restrictions are often unnecessary.In 2016,the publication of Opinions of the State Council on Establishing the Fair Competition Review System in the Development of Market System marked the formal establishment of the fair competition review system in China,and established the self-review model and its supporting rules from reality.However,it is still in the process of exploration,there are many problems.Under the self-review mode,the enthusiasm of the administrative organs is low,the examination ability is insufficient,and the external supervision is weak etc.,which greatly reduces the actual effect.From the point of view of the supervision of fair competition review system and the third party assessment of fair competition review,this paper discusses the perfect way of third party assessment of fair competition review in our country.At present,there are still some problems to be solved in the third-party assessment of fair competition review in China.First of all,at the legal level,the lack of top-level design of third-party assessment,legal status and functional role is not clear,"recommendations,encourage third-party assessment" and other similar statements make it difficult for third parties to assess progress.Secondly,the operation procedure and concrete implementation scheme are not perfect.The Implementation Guide,which is not mandatory,provides a reference basis for the local,but the relevant provisions are not detailed enough.There are blanks about the leader of assessment,the selection mechanism,the assessment method,the application of the assessment etc.Finally,information sharing mechanism,reward and punishment mechanism and supervision mechanism are not delicate.When a third-party organizations actually carry out their work,information is blocked,resistance is heavy,rights and duties is confused,and rights are less than responsibilities.Third-party evaluation,as a restraint mechanism of self-examination mode,if there are many problems in itself,not only cannot play the role of supervision,but may become the "accomplice" of the formulation organ to escape the duty of examination or false examination.This paper puts forward the following suggestions on the above issues: first,clear the legal position and functional position of third-party assessment.Second,improve the third-party evaluation procedures.Make clear which department is responsible for the assessment,establish the assessment organization selection system,clarify the third-party evaluation criteria,scientifically set up the assessment method,standardize the application mechanism of the assessment results and supplement the relevant principles to enhance the coordination of the assessment process.Third,build an information sharing platform.Give full play to the role of the Internet,big data,to achieve information transparency between administrative organs and third-party institutions.Fourth,improve the supervision mechanism.Give full play to the role of administrative supervision,social supervision,and judicial supervision.Fifth,improve the reward and punishment mechanism.Achieve the incentive and restraint of both sides through the responsibility list,competitive payment system,assessment system,credit system and other methods. |
