Keywords
Scope of review
Review modalities
Review criteria
Submitted : 2024-12-07
Accepted : 2024-12-22
Published : 2025-01-06
Abstract
As an important part of the market economic system, China’s fair competition review system aims to maintain market order and safeguard fair competition. However, the system faces many difficulties in the process of implementation, such as flaws in the self-review mode, imperfect external supervision mechanism, unclear review standards, irregular review procedures, unreasonable review organizations, and so on, which have weakened the impartiality and consistency of the results of the fair competition review, and thus reduced the trust of market participants in the review work. In addition, the lack of transparency and effective supervision of the review process makes it difficult for market participants to know the detailed process and results of the review, and thus unable to effectively supervise the review work. To further improve the effectiveness and fairness of the system and provide a strong guarantee for the healthy development of the market economic system, it is necessary to solve the paradox of insufficient motivation of the reviewing body and introduce a third-party retrospective assessment mechanism to eliminate the inherent defects of self-censorship, increase the substantive review standards and issue guidelines on the application of the review standards to scientifically set the standards for the review, and optimize the procedures of the review of fair competition and strengthen external supervision to promote the implementation of regional coordinated review.
References
Meng YB, 2024, The Evolution and Expansion of China’s Fair Competition Review System. China Market Supervision Research, 2024(8): 25–26.
Sun J, Alimujiang A, 2020, The Importance of Introducing Third-Party Assessment for Fair Competition Review and Its Realisation. Journal of Jianghai, 2020(2): 159.
Ning LZ, Gong T, 2024, Research on the Articulation Mechanism of Fair Competition Review System and Filing Review System. Journal of Northwestern University (Philosophy and Social Science Edition), 54(4): 145–146.
Feng XY, 2010, Local Government Competition: Theoretical Paradigm, Analytical Framework and Empirical Research. Yilin Press, Nanjing, 129–130.
Wang G, 2024, Realistic Choice and Multidimensional Guarantee of Fair Competition Self-Review. Legal Research, 39(5): 47–49.
Liu DH, Zhang BN, 2017, On the Procedural Construction of China’s Fair Competition Review System. Journal of Heilongjiang Provincial Political and Legal Management Cadre College, 2017(2): 64–68.
Pu YY, 2024, Study on Local Implementation Mechanism of Fair Competition Review in the Context of Optimising Business Environment. China Price Regulation and Antimonopoly, 2024(10): 33–34.
Xu SY, 2015, New Exploration of the Regulatory Path of Administrative Monopoly Behavior from the Perspective of Competition Policy. Journal of East China University of Political Science and Law, 18(4): 27–39.
Dai L, 2014, Research on Japan’s Antitrust Law. China University of Political Science and Law Press, Beijing, 230.
Chen XP, 2024, Research on Legal Issues of Fair Competition Review of Local Financial Subsidies, thesis, Hebei University of Economics and Trade.
Huang Y, Wu BD, Zhang ZJ, 2016, The Implementation of Fair Competition Review System from the Perspective of Competition Policy. Price Theory and Practice, 2016(4): 31–34.
Jiao HT, 2019, Incentives for the Implementation of the Fair Competition Review System. Hebei Law, 37(10): 107–121.
Ding MZ, 2018, Research on Incentive Mechanisms for Fair Competition Review. Law Journal, 39(6): 95–104.
Zhang SW, 2017, Economic Law Analysis of the Fair Competition Review System. Politics and Law, 2017(11): 2–10.
Rao AM, 2023, Fair Competition Review of Abstract Administrative Acts: Value Concepts, Implementation Challenges, and Adaptation Paths. Theoretical Guide, 2023(1): 80.
Sun J, Alimujiang A, 2020, The Importance and Implementation of Introducing Third Party Evaluation in Fair Competition Review. Jianghai Journal, 2020(2): 158–164.
Liu JF, 2016, On the Problems and Solutions in the Fair Competition Review System. Price Theory and Practice, 2016(11): 31–34.
Zhu K, 2015, Framework Thinking on Establishing a Fair Competition Review System in China. China Prices, 2015(8): 26–29.
Zhou LX, 2016, Implications of Australian Competition Policy and its Review Mechanism for China. Price Theory and Practice, 2016(9): 48–52.
Xiang LL, 2017, Theoretical Review, Institutional Foundation, and Mechanism Improvement of China’s Fair Competition Review System. Rule of Law Research, 2017(3): 96.