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The Study On The Review System Of Fair Competition In China

Posted on:2022-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:S Y FengFull Text:PDF
GTID:2506306743480324Subject:Master of law
Abstract/Summary:PDF Full Text Request
Fair competition is the inherent requirement of market economy.Since the 18 th CPC National Congress,China’s market competition order has been constantly standardized,the market competition mechanism has been constantly improved,and the position of fair competition policy as the foundation has been strengthened.However,there are still some problems such as frequent acts of unfair competition,local protection and market segmentation.Generally speaking,the legal system and supervision system of fair competition need to be improved.So China set up a fair competition review system.In the process of policy formulation,policy-making organs shall conduct fair competition reviews of policies and measures involving the economic activities of market entities in strict accordance with the review standards.At the same time,they will orderly clean up and abolish existing policies that impede fair competition.At the beginning of the implementation of the system,the paradox of self-examination,the ambiguity of the standard and procedure of examination,and the absence of external supervision and guarantee have been exposed.In the early stage,we inspected the implementation of fair competition review in the Beijing-Tianjin-Hebei region.The three places have taken such measures as setting up a joint conference on fair competition review,including it in the annual government performance appraisal program,and establishing a joint coordination mechanism to actively promote fair competition review,which has significant results.But also highlighted the joint conference mechanism is not in place,reward mechanism,lack of legal accountability and other practical situations,which need to be improved.By analyzing the policy mechanism of early implementation of fair competition review(competition assessment)in foreign countries or regions,we find that Australia has established an external monitoring mechanism for fair competition,the European Union has established a direct review system for state aid,and Japan has the Fair Trade Commission,an independent agency,in charge of competition assessment.The experience of fair competition review(competition assessment)provides reference experience for China’s fair competition review system in strengthening external supervision,perfecting guarantee system and straightening out responsible agencies.This paper aims to study the defects of fair competition review system and regional practical difficulties.We are exploring an optimized path to overcome the shortcomings of self-censorship,scientifically set standards and procedures for censorship,and promote the implementation of regional coordinated censorship combined with foreign advanced experience.Under the background of cross-regional coordinated development,we hope to put forward optimization suggestions for building a unified,open,fair and efficient market competition environment.
Keywords/Search Tags:Fair competition review, Self-review, Competition evaluation, Competition policy
PDF Full Text Request
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