公平竞争原则:认识、涵义与界定

The Principle of Fair Competition:Understranding,Meaning and Definition

公平竞争是市场经济的基本原则,是市场机制高效运行的重要基础。在着力营造公平竞争市场环境的今天,保障和促进公平竞争是重要经济目标,竞争政策在经济政策体系中现处于基础地位,此已沉淀为两项共识。面对“公平竞争是什么”的本源之问,有必要从基本认识、具体含义和概念界定层面开展深析。公平竞争将道德层面的公平价值寓于市场竞争之中,内含丰富的哲学意蕴。公平竞争与不正当竞争、公平交易、公平竞技场、竞争中立、竞争中性等语词既密切联系又彼此区分,它特指市场竞争中市场主体之间一切以交易为目的之活动的横向公正和平等性。这些基本问题的阐明,为公平竞争理论构建、公平竞争实践推进、公平竞争法治建设、公平竞争制度完善奠定了坚实基础,是迈进公平竞争理想之境重要的第一步。

Fair Competition is the basic principle of market economy,and at the same time,it is an important basis for the efficient operation of market mechanism.In the contemporary era of building a fair competition market environment,ensuring and promoting fair competition is an important goal of China,and competition policy is in a fundamental position in China’s economic policy system,which has been two common understandings.Faced with the basic question of“what is fair competition?”,it is necessary to carry out in-depth analysis from the basic understanding,specific meaning and concrete concept.Fair competition embodies the fair value of morality in market competition,which contains rich philosophical implications.In terms of words,fair competition is different from unfair competition,fair trade,level playing field,competitive neutrality,etc.,but there are also close links.Fair competition refers to the horizontal justice and equality of all activities aimed at transaction between market subjects in market competition.The clarification of these basic problems lays a solid foundation for the construction of fair competition theory,the promotion of fair competition practice,the development of fair competition rule of law,and the perfection of fair competition system,and is an important first step towards the ideal environment of fair competition.