新时代确立竞争政策基础性地位的现实意义及其法律实现——兼议《反垄断法》的修改

The Practical Significance of Establishing the Fundamental Position of Competition Policy in the New Era and its Realization by Law:Concurrently Discussing the Revision of the Anti-Monopoly Law

以发展动能转换和国家治理现代化为主要特征的新时代,确立竞争政策基础性地位乃题中应有之义。确立竞争政策基础性地位,其基本内涵是处理好竞争政策与主要表现为各种产业政策的政府宏观调控的关系,前者遵循市场经济一般规律,以最大化自由公平竞争环境来优化资源配置;后者作为政府规制经济的重要手段,本身带有弥补市场缺陷和干扰破坏市场竞争的双重属性。随着竞争政策地位上升为基础性地位,产业政策将在挑战中得以优化升级。新时代确立竞争政策基础性地位意义重大,它是"市场决定资源配置"新战略的必然要求,是实现国家治理现代化的制度依归,是完善宏观调控优化产业政策的基本路径。确立竞争政策基础性地位需要三条法律路径予以保障:一是释宪,二是完善公平竞争审查制度,三是尽快启动《反垄断法》的修订;后两者可以有机结合协力推进。

The new era has the kinetic energy conversion and the modernization of state governance as its main features,and the establishment of competition policy is inherent in it. The basic implication of the establishment of competition policy is to properly handle the relationship between competition policy and government’s macro-control represented by various industrial policies. While the former abides by the basic principle of market economy and realizes optimum distribution of resources by creating an environment which maximizes free and fair competition;the latter,as an important tool for the government to regulate economy,has dual attributes which correct market failure but disrupt market competition. After the promotion of competition policy to a fundamental position,industrial policy,as the other half of the relationship,is also able to be optimized and upgraded. It is of great importance to establish the fundamental position of competition policy in the new era,it is the inevitable requirement for the new strategy of ‘market determines the allocation of resources’,the institutional reliance for the realization of the modernization of state governance,and the basic path to the enhancement of macro-control and the optimization of industrial policy. The establishment of the fundamental position of competition policy needs to be safeguarded by three legal paths,firstly,interpreting the Constitution,secondly,improving the fair competition review system,and the last,starting promptly the revision of the Anti-Monopoly Law;the latter two could be integrated and carried forward simultaneously.