Study On The Application Of Fair Competition Examination Standard In China

It is an important measure for the government to deepen the regulation of the market and reduce the competition through the reform of the regulation system.The review standard is the basis of fair competition review.The current standard text consists of four primary standards,eighteen secondary standards and 54 tertiary standards.Whether the provisions of the standard text are reasonable,whether the analysis methods are appropriate when the standard is applicable to specific measures,and whether the supporting measures are complete in the application process affect the review effect.The implementation of extraterritorial similar fair competition review system has a history.The EU has established the standard and application system of state aid review through the normative system of three effectiveness levels;OECD has developed a detailed review list,which has been followed by many countries;Australia takes the public interest as the general standard and stipulates specific standards in the legislative review guide.Under the incentive of the competitive payment system,the review standards are strictly observed when they are applied;The United States,South Korea and other countries have similar provisions.In addition to providing the basis for fair competition review,the review standard also has the functions of coordinating competition policy and industrial policy,competition publicity,regulating local government competition disorder and improving international competitiveness.China’s fair competition review system has made good progress in promoting,but the review effect is not satisfactory.The review quality should return to the application of standards.Therefore,it is necessary to strengthen the research on the application of review standards.At present,in the process of using the standard text to judge the competition of policies and measures,there is a lack of appropriate analysis methods,lack of implementation incentives,vague semantics of some concepts and lack of supporting measures.The lack of specific situation analysis leads to difficulties in the compliance and application of the standard.In view of this,in the process of improving the application of standards,we should establish the method of integrating legitimacy analysis and rationality analysis,incorporate the review system and its primary standards into the law,improve the effectiveness level of fair competition review and its standards,and use economic methods to analyze the rationality of the text of standards and policies when applicable;Secondly,establish an incentive system to improve the enthusiasm of the examination organs to implement the examination according to the standards,and improve the examination willingness and ability.For regional differences and characteristics,the principle of combining differential treatment with fair competition should also be established,and the application of review standards should be adjusted according to time,place and circumstances;Thirdly,through legal hermeneutics,explain the vague concepts in the standard text,and improve the operability of the standard text through supporting measures such as interpretation,guidance,guiding cases and establishing an expert database.It should be noted that the application and improvement of the standard should not be confined to the provisions of the text or the market competition mechanism.The government is embedded in the market,and the hand of the government has the necessity of existence.It is necessary to leave space for rationality analysis for the application of the standard text and the implementation of policies and measures.