论政府反竞争行为综合规制的路径建构

On the path construction of the comprehensive regulation of government anti-competitive conduct

政府反竞争行为已成为进一步深化改革的桎梏与"深水区",成为全面推进依法治国的阻碍和"绊脚石",对于政府反竞争行为的规制乃大势所趋。但是,不论从宏观上还是微观上来说,政府反竞争行为由于产生原因的多样性和表现形式的复杂性,对其规制难度大,传统的以行政系统内部自我纠偏、以行政控权为中心、以行政性垄断执法为代表的规制模式明显供给不足,必须拓宽规制政府反竞争行为的视野和路径。可行途径之一就是"综合多元规制模式",构建一套以竞争政策为优先、以竞争评估为前置、以竞争中立为标准、以竞争执法司法优化为目标、以竞争文化倡导为辅助的"五位一体"的多层次、多维度、多纵深的规制政府反竞争行为的机制与路径。

Government anti-competitive conduct has become the shackles and “deep water” zone in further deepening the reform and a deterrent and “stumbling block” to comprehensively promoting the rule of law. But whether from the macro or micro level, due to the diverse causes and complex manifestations, it is difficult to regulate government anti-competitive conduct. Obviously, it is insufficient to turn to the traditional regulating mode, which depends on self-correction and supervision of internal administrative system, centers on its administrative control and is represented as law enforcement of administrative monopoly. We should change our ideas and broaden our horizons to regulate government anti-competitive conduct. One of the feasible ways is “comprehensive multi regulation mode”, which is to build a set of “five in one” multi-level, multi-dimension and multi-depth mechanism in which path can be found to regulate government anti-competitive conduct, including competition policy as a priority, competition assessment as a preposition, competition neutrality as a standard, the optimization of competition law enforcement as a goal, and the advocacy of competition culture as an auxiliary.