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

摘要

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.