Research On The Perfection Of Self-review Mode Of Fair Competition In China

The Fair Competition Review System in China refers to the system that the organizations with administrative functions should carry out competition impact assessment when formulating policies and measures concerning the economic activities of market subjects.It is not our country’s first practice to conduct competition assessment on administrative regulatory documents,and some countries even extend the scope of competition assessment to legislative documents,with a view to cleaning up the provisions harmful to the market competition order through the competition review.How to grasp the extent of government intervention in the market can maximize the development potential of the national economy,which has been the world’s governments and people continue to explore and practice.The purpose of the Fair Competition Review System in China is to avoid the negative influence of the abstract administrative monopoly on the market competition order and to make up for the defects that the judicial procedure does not remedy the administrative monopoly timely and completely.Regulating administrative monopoly from the perspective of pre Engagement review,in order to minimize the government’s unreasonable interference in the market."Due to the differences in the economic system,the level of economic development,the path of economic development and the establishment of government functions,the review model of fair competition has different manifestations in the practice of different countries." The difference of the review mode mainly shows that the review subject is different and the review effect is different.The system practice of various countries mainly includes three kinds of review models,namely,self-review model,antimonopoly law enforcement agency review model and specialized agency review model.Some other countries have also adopted the hybrid review model to achieve better results in the implementation of the system.Of the three types of review model,self-review model has been widely questioned because of "self check ",such as policy-making organs lack of motivation to review,policy-making organs lack of anti-monopoly experience,policymaking organs self-review which will lead to inconsistent application of review standards,and so on.In 2016,China established the framework of the Fair Competition Review System on the basis of the document issued by the State Council.Subsequently,five departments including the Development and Reform Commission of the State Council jointly issued the implementation details of the system,further refined the content of the Fair Competition Review System.Fair competition self-review mode is finally established in our country.The choice of the self-review model is mainly in view of the variety and abundance of normative documents formulated by the policy-making organs of our country.Leaving the competition review process to the agencies themselves not only maximiz the dispersion of the review workload,but also does not involve competition for departmental interests in the implementation of the system.After all,for a long time,China’s anti-monopoly work was jointly undertaken by the Development and Reform Commission of State,the State Administration for Industry and Commerce and the Ministry of Commerce.The determination of the subject of the fair competition review system,which regulates the abstract administrative monopoly,not only means that the subject has the power to regulate the abstract administrative monopoly,it will also involve the restriction of administrative organs and organizations’ administrative power.Choosing the self-review mode can not only deal with the heavy work of fair competition review in our country,it will also reduce conflicts of interest in various sectors to ensure the effective implementation of the fair competition review system.Although the self-review model is an appropriate choice in line with China’s national conditions,the shortcomings of the self-review mode also need to be faced with rationally and overcomed by institutional arrangements such as supervision mechanism and incentive mechanism.At the same time,we should learn from the experience of other countries or regions in formulating the review standards,pay attention to the cultivation of the competitive culture,and explore the perfect measures of the fair competition review system in constant practice,so as to form a good restriction mechanism to the administrative monopoly and achieve the prosperity and development of competitive economy.