A Study For The Legal Issues Of China’s Fair Competition Self-Censorship

In order to protect fair competition in the market,the public policies related to market economic activities issued by the policymaking organs are regulated to prevent the occurrence of abstract administrative monopoly.The fair competition self-review system operates according to the mode of "who makes,who reviews",and is carried out in the way of self-review by the policymaking organs,so as to realize self-regulation of power.The Opinions on Establishing a Fair Competition Review System in the Construction of the Market System is an important document issued in 2016,and also an important measure to build a fair competition review mechanism,which helps to establish a perfect administrative monopoly supervision system and effectively regulate the relationship between the government and the market.After years of efforts,the system has achieved remarkable results.Most regions have issued relevant guidelines according to their actual conditions and formulated a fair joint meeting system.Selfreview of fair competition refers to the examination of whether the published documents have the ability to exclude or restrict competition by the policymaking organs in the way of correcting their own mistakes.The system is guided by the theory of administrative self-control and the theory of public choice,so it is scientific.However,by reviewing the current practice in China,there are still shortcomings in the implementation of the self-review system.First of all,in terms of organizational structure,the review mode of "being the judge of one’s own case" makes the policy making organs lack motivation for self review;Secondly,the standards of reference review are not detailed enough and lack operability and practicality;Thirdly,the review process is not detailed enough,and a more complete procedure system needs to be established;In addition,lack of evaluation incentive mechanism;Finally,the defects in the supervision system make it difficult to realize the restriction force.The consideration of improving the self-review mechanism of fair competition should start from five aspects: organizational structure,review standards,review procedures,incentive system and supervision system,mainly including the establishment of our country’s self-review organization system,the separation of the internal system and review of the policy-making organs,and the strengthening of the quality construction of the review institutions;Improve the review standard system and realize the quantitative analysis of the review;Improve the review procedure and optimize the start and implementation of the review procedure;Establish an incentive system and add indicators for reviewing political performance;Conduct regular evaluation and strengthen the external supervision system.Although the way of self-review is in line with the current situation of China’s development,it still needs to treat its shortcomings rationally and solve them through the organization system,review standards,review procedures,incentive mechanism,supervision mechanism and other systems.An indepth analysis of the self-review system can effectively restrain administrative monopoly and promote the vigorous development of the competitive economy.