竞争治理的逻辑体系及其法治化

The Logical System of the Competition Governance by the Rule of Law

竞争是市场经济的核心机制,是现代国家获得经济增长与繁荣的最有效手段。我国在全面深化改革进程中推进竞争治理,既是市场规律的法治化表达,也是宪法承诺的制度实践,更是打破转型与增长并存这一困境的治理要求。我国经济的发展已由高速增长阶段转向高质量发展阶段,但仍面临着竞争与法治双重短缺的挑战,经济增长呈现出竞争先天不足与后天垄断并存的问题。仅凭反垄断法这一单向线性规制工具,该问题无法得以消解,因而我们不得不将治理范式转向包容性思维,从战略、规划和政策三个逻辑层面来构建竞争治理体系,通过法治化路径将竞争确立为经济增长的内生驱动机制,以法治保障竞争,以竞争促进法治,从而实现高质量发展。

Competition is not only the core mechanism of market economy,but also the most effective means for modern countries to gain economic growth and prosperity.Promoting competitive governance in the process of comprehensively deepening reform in China is not only the expression of market rules based on the rule of law,but also the institutional practice of the constitution’s promise,and the governance requirement to break the dilemma of coexistence of transformation and growth.China’s economy has been transitioning from a phase of rapid growth to a stage of high-quality development.However,the shortage of the competition mechanism and the imperfectness of rule of law still do exist,which is challenging the further reform,and the coexistence of competition deficiency and artificial monopoly does cramp the economic growth.Most importantly,it is difficult to figure out these issues in a one-way,linear fashion according to the anti-monopoly law.Therefore,it is necessary to change the governance paradigm and build the comprehensive competition-governing system from the multi-levels of strategy,planning and policy in accordance with the conception of the inclusive governance.On this ground,competition should be set as the driven-endogenously mechanism of economic growth in the rule-of-law way,so as to achieve the high-quality development as soon as possible.