A Legal Analysis on Establishment of a Fair Competition Review Mechanism in China- A case study based on Opinions for Establishing a Fair Competition Review
- DOI
- 10.2991/icpel-17.2017.52How to use a DOI?
- Keywords
- fair competition review mechanism, administrative monopoly, market economy, fair and free competition
- Abstract
China is a country undergoing gradual transition from planning economy to market economy. Administrative monopoly is an urgent problem that has to be solved in China's market economic development. The Opinions for Establishing a Fair Competition Review Mechanism in the Market System (Hereinafter referred as The Opinions) issued by the State Council determine the fair competition audit program in China preliminarily. The document points out enforcement regulations for The Opinions are in still in formulation. This paper aims to provide references for the formulation of enforcement regulations. The Opinions are analyzed by document analysis and specific contents of fair competition review mechanism in China based on The Opinions are extracted. Section 2 proposes two shortcomings of this mechanism. Section 3 puts forward two solutions to set up independent basic and professional fair competition review departments and regional tour economic court. Shortcomings of the review mechanism are overcome. Original system design of a two-level economic court is proposed in the suggestion to setting up the regional economic courts in China.
- Copyright
- © 2017, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Guilin Gao AU - Ziqi Wang PY - 2017/07 DA - 2017/07 TI - A Legal Analysis on Establishment of a Fair Competition Review Mechanism in China- A case study based on Opinions for Establishing a Fair Competition Review BT - Proceedings of the 2017 2nd International Conference on Politics, Economics and Law (ICPEL 2017) PB - Atlantis Press SP - 201 EP - 204 SN - 2352-5428 UR - https://doi.org/10.2991/icpel-17.2017.52 DO - 10.2991/icpel-17.2017.52 ID - Gao2017/07 ER -