[Information and Administration Field].
Fair competition is the basic principle of the market economy and an important foundation for the efficient operation of the market mechanism. The Anti-Monopoly Law, the Anti-Unfair Competition Law and the Bidding and Bidding Law (hereinafter referred to as the "Three Competition Laws"), as the basic laws of China's fair competition system, jointly build a legal system of fair competition, and play an important role in maintaining the market order of fair competition and improving the efficiency and effectiveness of competition.
The State Administration for Market Regulation is responsible for anti-monopoly law enforcement and anti-unfair competition law enforcement, and the National Development and Reform Commission takes the lead in tendering and bidding under a management system in which relevant departments are responsible for the division of labor. Due to the differences in management departments and systems, the joint force of fair competition and the rule of law has not yet been fully utilized. In recent years, profound and complex changes have taken place in the international and domestic environment, with the rapid development of new technologies and the platform economy, the importance of the fair competition system has been placed at a new height, which has put forward higher requirements for strengthening the legal guarantee of competition and strengthening the law enforcement of fair competition. It is necessary to further strengthen the cohesion and cooperation of the "three competition laws" in the design and implementation of the system, give full play to the overall effect of "1+1+1 3", build a solid foundation for the rule of law of fair competition, and provide a strong guarantee for the construction of a unified national market.
Give full play to the joint force of fair competition and the rule of law, and accelerate the construction of a new development pattern. Bidding and bidding are an important part of the implementation of fixed asset investment projects, and anti-monopoly and anti-unfair competition are important mechanisms to promote the circulation of goods and services and protect the legitimate rights and interests of consumers. To achieve the goal of expanding domestic demand, it is necessary to further strengthen the basic position of competition policy, improve the binding force of the fair competition system and the rigidity of the fair competition review system, strengthen and improve the law enforcement of fair competition, give full play to the joint force of the rule of law in fair competition, break down the institutional and institutional obstacles that hinder the market-oriented allocation of various factors of production and the circulation of goods and services, reduce the cost of the system, promote the institutional opening up in the field of competition rules, make the domestic market better connected with the international market, and cultivate new advantages in international competition and cooperation.
Give play to the joint force of fair competition and the rule of law, and enhance the effectiveness of law enforcement. For violations of fair competition of the same or similar nature, the "three competition laws" are not smooth in terms of system design and supervision and law enforcement, and to a certain extent, there are problems such as different penalties for the same and different punishments, unfounded handling, and gaps in supervision, which affect the overall effect of the implementation of the legal system for fair competition. It is necessary to consider how to better implement the three laws from the perspective of improving the overall effectiveness of the legal system for fair competition.
Give full play to the joint force of fair competition and the rule of law, and adapt to the needs of the development of the digital economy and artificial intelligence. Under the influence of network effects and cross-border competition, there was a serious differentiation between the strong and the weak and even the phenomenon of "winner takes all" in the field of platform economy, and violations of fair competition have become increasingly diverse, hidden and complex. In this regard, the state has made great efforts to correct and regulate behaviors and practices that harm the interests of the masses and hinder fair competition in the process of developing the digital economy, and prevent platform monopoly and disorderly expansion of capital. The newly revised Anti-Monopoly Law and Anti-Unfair Competition Law clearly regulate the use of online platforms for monopoly and unfair competition. In recent years, China's electronic bidding and bidding has developed rapidly, and more and more bidding activities have shifted from offline to online. Some electronic bidding and bidding platforms deprive users of their autonomy, force users to use tools and software, and exclude and restrict competition in their operation, but due to the separation of management systems and departments, the actual law enforcement has not been regulated in accordance with the Anti-Monopoly Law and the Anti-Unfair Competition Law. In the future, artificial intelligence technology will be more widely used in the field of bidding and bidding in the foreseeable. To this end, it is necessary to strengthen the coordination between the "three laws of competition" and form a set of well-oriented, standardized and orderly competition governance rules in the era of digital economy and artificial intelligence.
The rule of law is the best business environment, and efficient competition among business entities is the driving force for economic development. In order to meet the urgent needs of all parties to create a fair competition market environment and strengthen the legal guarantee of fair competition, it is recommended to further strengthen the integrity of the legal system of fair competition, strengthen the interoperability, mutual learning and complementarity of law enforcement bases and law enforcement forces among the "three competition laws", and solve the problems existing in market competition from the perspective of the joint force of the three laws.
First, the basis is complementary. For issues of the same or similar nature in the field of market competition, when one of the three laws lacks express provisions or there are legal loopholes, the relevant provisions of the other two laws can be applied by analogy through legislative interpretation or judicial interpretation;When there is competition between the three laws, the connection between the handling methods and punishment standards should be strengthened.
The second is mutual assistance in law enforcement. In the process of market competition law enforcement, the relevant departments should strengthen information sharing, exchanges and cooperation, and may carry out joint law enforcement when necessaryInnovate and improve the bidding and bidding supervision and management mechanism, and clarify the regulatory departments and the mechanism for mediating conflicts and disputes for bidding and bidding activities other than projects that must be tendered in accordance with the law, especially the bidding and bidding activities independently carried out by private enterprises, small and medium-sized enterprises and other business entities.
The third is mutual study of problems. Relevant departments and parties should jointly strengthen research on major issues in the digital era, innovate and improve a fair competition system that meets the needs of the healthy and orderly development of the digital economy and artificial intelligence, promote fair competition in the digital market, and promote the improvement of the digital economy governance system.
Author: Xu Zhiyuan, Deputy Director of the Second Research Department of the Research Center for Economic Thought).