Research On The Fair Competition Review Regulation Of Administrative Monopoly In China

In 2011,China issued "Several Opinions on Promoting the Reform of Price Mechanism",which clearly pointed out for the first time that a "fair competition review system" should be established.In 2016,the State Council issued the "Opinions on Establishing a Fair Competition Review System in the Construction of Market System",which made a top-level macro design for this system.Subsequently,the National Development and Reform Commission and others studied and formulated the Anti-Monopoly Law(Revised Draft)on January 2,2020,which entered the public’s field of vision.So far,the fair competition review system has officially entered the law,reflecting the country’s confidence and determination in economic system reform.Since the fair competition review system was introduced in 2016,the academic circles have called for the system to be constructed in theory to be refined and improved in implementation.Although the system makes up for the deficiency of the Anti-Monopoly Law in regulating administrative monopoly afterwards by means of pre-regulation,its system drawbacks and implementation problems are increasingly exposed.This study starts from two aspects: the perfection of fair competition review system itself and how to use it to regulate administrative monopoly.Chapter 1,it introduces the research background and significance of fair competition review system,summarizes domestic and foreign literatures,summarizes the shortcomings of domestic research on this system,and clarifies the research direction.Chapter 2,it defines the concept and characteristics of fair competition review system,and analyzes the necessity of regulating administrative monopoly with fair competition review system from three levels.Chapter 3,by analyzing the implementation status of the fair competition review system in domestic provinces,finds out the problems existing in the practice of the fair competition review system in China,analyzes the reasons,and aims to put forward targeted suggestions for improvement.Chapter 4,it introduces the legislative provisions and academic research status of the fair competition review system in Australia,South Korea and Japan,and through comparative study,analyzes their advanced institutional experience,and finds out the possible reference for the improvement of China’s system.Chapter 5,it combined with the problems found,puts forward targeted suggestions to establish a fair competition review system suitable for China’s national conditions and judicial system.The conclusion part summarizes the full text,analyzes the shortcomings of Wen Zhang,and puts forward the prospect for the future.