| Opinions of the State Council on Establishing a Fair Competition Examination Regime in the Building of the Market System | | 国务院关于在市场体系建设中建立公平竞争审查制度的意见 |
| (No. 34 [2016], State Council) | | （国发〔2016〕34号） |
| The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government; and the ministries and commissions of the State Council and institutions directly under the State Council: | | 各省、自治区、直辖市人民政府，国务院各部委、各直属机构： |
| Fair competition is a basic principle of market economy and an important basis for the efficient operation of the market mechanism. With the continuous deepening of the reform of the economic system, a unified national market has been basically formed, and a fair competition environment has been gradually created. However, it should be noted that local protectionism, regional blockade, trade barriers, enterprise monopoly, illegal grant of preferential policies, impairment of interests of market players, and other phenomena against the building of a unified national market and fair competition still exist. For the purposes of regulating the relevant conduct of the government, preventing the issuance of policies and measures precluding or restricting competition, and gradually reviewing and repealing the provisions and practices that hinder the unified national market and fair competition, the following opinions on establishing a fair competition examination regime in the building of the market system are hereby offered. | | 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。随着经济体制改革不断深化，全国统一市场基本形成，公平竞争环境逐步建立。但同时也要看到，地方保护、区域封锁，行业壁垒、企业垄断，违法给予优惠政策或减损市场主体利益等不符合建设全国统一市场和公平竞争的现象仍然存在。为规范政府有关行为，防止出台排除、限制竞争的政策措施，逐步清理废除妨碍全国统一市场和公平竞争的规定和做法，现就市场体系建设中建立公平竞争审查制度提出以下意见。 |
| I. Fully Understanding the Significance and Urgency of Establishing a Fair Competition Examination Regime | | 一、充分认识建立公平竞争审查制度的重要性和紧迫性 |
| First, it is objectively required by the profound advancement of the economic system reform. Allowing the market to play a decisive role in the allocation of resources and the government to play a better role is at the core of economic reform. A unified and open market system with orderly competition is the basis for the market to play a decisive role in the allocation of resources. Establishing a fair competition examination regime to prevent the government from excessively and inappropriately intervening in the market is instrumental in safeguarding that maximum benefits and best efficiency are achieved in the allocation of resources based on market rules, market prices, and market competition. | | 一是深入推进经济体制改革的客观需要。经济体制改革的核心是使市场在资源配置中起决定性作用和更好发挥政府作用。统一开放、竞争有序的市场体系，是市场在资源配置中起决定性作用的基础。建立公平竞争审查制度，防止政府过度和不当干预市场，有利于保障资源配置依据市场规则、市场价格、市场竞争实现效益最大化和效率最优化。 |
| Second, it is a strong guarantee for comprehensively advancing governance of the country by the rule of law. The comprehensive advancement of governance of the country by the rule of law requires that the government fully and appropriately perform its functions according to the law. The Anti-monopoly Law of the People's Republic of China explicitly prohibits government agencies from abusing their administrative power to preclude or restrict market competition. Establishing a fair competition examination regime and improving the mechanism of examining the lawfulness of internal decision-making of government agencies are instrumental in guaranteeing that the conduct of the government is consistent with the relevant requirements of laws and regulations and ensuring the lawful administration of the government. | | 二是全面推进依法治国的有力保障。全面推进依法治国，要求政府依法全面正确履行职能。《中华人民共和国反垄断法》明确禁止行政机关滥用行政权力，排除、限制市场竞争。建立公平竞争审查制度，健全行政机关内部决策合法性审查机制，有利于保证政府行为符合相关法律法规要求，确保政府依法行政。 |
| Third, it is an inevitable choice for achieving innovation-driven development. Currently, China has ushered in a new normal of economic development, and the sustained and sound economic development must be advanced by the innovation-driven approach. Enterprises are the principal innovators, and fair competition is a significant driving force for innovation. Establishing a fair competition examination regime and vigorously eliminating various institutional constraints that affect fair competition and hinder innovation are instrumental in creating a market environment of fair competition for business startups and innovations by the people. | | 三是实现创新驱动发展的必然选择。当前我国经济发展进入新常态，必须靠创新驱动来推进经济持续健康发展。企业是创新的主体，公平竞争是创新的重要动力。建立公平竞争审查制度，大力消除影响公平竞争、妨碍创新的各种制度束缚，有利于为大众创业、万众创新营造公平竞争的市场环境。 |
| Fourth, it is an effective initiative for unleashing the vitality of market players. China is in a crucial period of transition of driving force for economic development. Vigorously developing new momentums and transforming and upgrading traditional ones require the sufficient stimulation of market players. Establishing a fair competition examination regime, reducing institutional transaction costs, and overcoming the distortion of market prices and behaviors are instrumental in unleashing the enthusiasm and creativity of various market players and cultivating and generating new economic development momentums. | | 四是释放市场主体活力的有效举措。我国经济发展正处于动力转换的关键时期，大力培育新动能，改造提升传统动能，都需要充分激发市场主体活力。建立公平竞争审查制度，降低制度性交易成本，克服市场价格和行为扭曲，有利于调动各类市场主体的积极性和创造性，培育和催生经济发展新动能。 |
| II. Specifying the General Requirements and Basic Principles for Establishing a Fair Competition Examination Regime | | 二、明确建立公平竞争审查制度的总体要求和基本原则 |
| In the establishment of a fair competition examination regime, in accordance with the requirements for accelerating the construction of a unified and open market system with orderly competition, it must be ensured that the relevant conduct of the government complies with the fair competition requirements and the relevant laws and regulations, the fair competition order is maintained, equal use of production factors, fair participation in market competition, and receipt of equal legal protection by various market players are guaranteed, the vitality of the market is unleashed, the efficiency of resources allocation is improved, and business startups and innovation by the people are propelled, to promote the realization of innovation-driven development and sustained and sound development of economy. | | 建立公平竞争审查制度，要按照加快建设统一开放、竞争有序市场体系的要求，确保政府相关行为符合公平竞争要求和相关法律法规，维护公平竞争秩序，保障各类市场主体平等使用生产要素、公平参与市场竞争、同等受到法律保护，激发市场活力，提高资源配置效率，推动大众创业、万众创新，促进实现创新驱动发展和经济持续健康发展。 |
| The market shall be respected, and competition shall be prioritized. The law of market economy shall be respected, the relationship between the government and the market shall be properly dealt with, focus shall be placed on the transformation of government functions, intervention in micro-economy shall be minimized, fair competition of market players shall be promoted and protected, and maximization of the decisive role of the market in allocation of resources shall be guaranteed. | | 尊重市场，竞争优先。尊重市场经济规律，处理好政府与市场的关系，着力转变政府职能，最大限度减少对微观经济的干预，促进和保护市场主体公平竞争，保障市场配置资源的决定性作用得到充分发挥。 |
| Based on the big picture, overall consideration shall be made. Focus shall be placed on breaking regional blockade and industry monopoly, removing market barriers, and promoting the free flow of goods and factors across the country. The implementation of the regime shall be steadily advanced by overall consideration of the needs of multiple objectives such as protecting national interests and economic security, promoting coordinated regional development, and maintaining the stable and sound operation of economy. | | 立足全局，统筹兼顾。着力打破地区封锁和行业垄断，清除市场壁垒，促进商品和要素在全国范围内自由流动。统筹考虑维护国家利益和经济安全、促进区域协调发展、保持经济平稳健康运行等多重目标需要，稳妥推进制度实施。 |
| Plans shall be made in a scientific manner and implemented step by step. Establishing a fair competition examination regime is a long-term, systematic, and complex project. Operable plans shall be researched and developed by respecting the national conditions and based on realities. By combining abolition with creation, while new policies are regulated through classification and non-retroactivity, existing policies that hinder the unified national market and fair competition shall be gradually reviewed and repealed. By a forward-looking approach, overall plans shall be effectively developed, and be advanced and improved practically in stages and by steps. | | 科学谋划，分步实施。建立公平竞争审查制度是一项长期性、系统性、复杂性工程。要尊重国情，坚持从实际出发，研究制定具有可操作性的方案；破立结合，在规范增量政策的同时，坚持分类处理、不溯及既往，逐步清理废除妨碍全国统一市场和公平竞争的存量政策；着眼长远，做好整体规划，在实践中分阶段、分步骤地推进和完善。 |
| Examination shall be conducted according to the law, and supervision shall be strengthened. The connection between the existing legal system and the public administration system shall be strengthened to enhance the authority and efficacy of fair competition examination. Mechanisms for guaranteeing the fair competition examination shall be established and improved, self-examination and external supervision shall be combined, public scrutiny and supervision by law enforcement shall be strengthened, and acts of abusing administrative power to preclude or restrict competition shall be corrected in a timely manner. | | 依法审查，强化监督。加强与现行法律体系和行政管理体制的衔接，提高公平竞争审查的权威和效能。建立健全公平竞争审查保障机制，把自我审查和外部监督结合起来，加强社会监督和执法监督，及时纠正滥用行政权力排除、限制竞争行为。 |
| III. Establishing a Fair competition examination regime in a Scientific Manner | | 三、科学建立公平竞争审查制度 |
1. Objects of examination. Government agencies and organizations authorized by laws and regulations to perform functions of administering public affairs (collectively, “policymaking agencies”) shall conduct fair competition examination in developing rules, normative documents, and other policies and measures involving the economic activities of market players in respect of market access, industrial development, investment attraction, bidding, government procurement, code of business conduct, and qualification standards, among others.
．．．．．． | | （一）审查对象。行政机关和法律、法规授权的具有管理公共事务职能的组织（以下统称政策制定机关）制定市场准入、产业发展、招商引资、招标投标、政府采购、经营行为规范、资质标准等涉及市场主体经济活动的规章、规范性文件和其他政策措施，应当进行公平竞争审查。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥500.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | |
| | | |