优化营商环境背景下公平竞争审查制度研究

A Study of Inspection System of Fair Competition under the Background of Optimized Business Environment

优化营商环境是实现国家治理现代化的重要实践和区域之间竞争的最新领域,其核心问题在于如何处理政府与市场之间的关系,而公平竞争审查制度之建构正是处理这一关系的顶层设计。目前,我国公平竞争审查制度的实施尚处于起步阶段,推动其走向成熟仍需进一步细化完善。对此,我国可通过将公平竞争审查制度纳入《反垄断法》、建立健全自我审查的激励机制和惩戒机制、深入推进第三方竞争影响评估制度、建立以执法监督为核心的外部监督机制等措施,以推进公平竞争审查制度的法治化进程。

The optimization of business environment is the important practice for the realization of modern national governance as well as the latest field of competition among different districts.Its core issue lies in how to deal with the relationship between government and market.And the inspection system of fair competition is just the top design to deal with it.Currently,the Chinese inspection system is still in its beginning.We need to do more to mature it.Accordingly,we can promote the legal process of such system through measure as bringing it into Antitrust Law,founding and perfecting incentive and punishment mechanisms,further enhancement of assessment system by the third party competition impact,and making the external supervision system with the enforcement and supervision as the core.