July 2023，Central Committee of the Communist Party of China、The State Council issued the "Opinions on Promoting the Development of the Private Economy" (hereinafter referred to as "Opinions")，Development environment from the private economy、Policy support、The guarantee of the rule of law clearly proposed 31 measures to promote the development of the private economy。This description，The country attaches great importance to the development of the private economy and private enterprises，We must carefully implement the "unwanted encouragement、Support and guide non -public ownership economic development "; but at the same time, it also explains，There are problems with the current business environment of private enterprises，Especially private enterprises and state -owned enterprises have not achieved "equality of rights、Opportunity、Rules Equality "。To make the private economy bigger and stronger，The state needs to protect the property rights and entrepreneur rights of private enterprises in accordance with the law，Efforts to realize the use of production factors equally according to law、Fair participation in market competition、Equal protected by law。other，Optimize the strong support of the private economy and business environment, except for the strong support of national economic policies，It also needs to be guaranteed by the rule of law，In particular, it is necessary to effectively implement the fair competition review system of the Anti -Monopoly Law，Strengthen the basic status of competitive policy。

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After more than 40 years of reform and opening up，my country's private economy has developed greatly。According to current data，The private economy contributed more than 50%of the country's tax、More than 60%of the domestic GDP、More than 70%of technological innovation results、More than 80%of urban labor and employment positions，and account for more than 90%of the total number of national enterprises。This description，The private economy is an important subject to promote the high -quality development of my country's economy，Some private enterprises even dominate the national economic key departments bet365 live casino games and digital economy fields。

But，A unavoidable question is，A considerable number of private enterprises in my country currently believe that their living space is insufficient，Poor business environment，Some companies even have "lying flat" and "running" phenomenon。Although there are international reasons here，Especially in the background of US trade protectionism and certain geographical political backgrounds，The exports of some private enterprises have encountered a large obstacle。However, from the domestic environment，Some government departments have not achieved neutrality in different ownership companies，Private enterprises enter the market、Production factors、Qualification review、Business activities and other aspects have institutional disorders。For example，Like the state -owned economy，Development of the private economy requires funds。But，my country's quantitative easing policy in recent years has led a large amount of funds to flow to state -owned enterprises through the state -owned banking system，Bank loan interest rates of state -owned enterprises and private enterprises also have a big difference。Although this difference is helpful to a certain extent, it helps to stabilize and develop the state -owned economy，But considering that the private economy can solve more than 80%of the employment problems nationwide，If the funds issued by the central bank cannot flow smoothly to small and medium and miniature private enterprises，This quantitative easing policy may not be caught in stabilizing national employment and promoting the development of the country's overall economy。For this，"Opinions" proposes that the state must increase support for private enterprises in terms of economic policy。For example，Problems for financing difficulties for private enterprises，"Opinions" proposed to establish a sound bank、Insurance、Guarantee、Brokerage and other parties to participate in the financing risk market -based sharing mechanism。

Development of the private economy, in addition to the strong support of national economic policies，It also needs to be guaranteed by the rule of law。Because only under the condition of the rule of law of the business environment，Enterprises may pick up legal weapons to maintain their legitimate rights and interests for the unreasonable treatment they have received in their business activities。The rule of law is the best business environment。To implement equal protection bet365 Play online games to legislation、Law Enforcement、Justice、Store law and other links，Protect the property rights and legitimate rights and interests of various market entities in accordance with the law。In terms of rule of law，Article 11 of the Constitution in my country，"National Protection of the individual economy、The legal rights and interests of non -public economy such as private economy "。Article 206 of the Civil Code，"The country implements a socialist market economy，Ensure the equal legal status and development rights of all market entities "。In view of the administrative organs and laws、Organizations of Organization of Public Affairs Operations Management of Public Affairs Disproping Administrative Power Exclude、Restricted competition，Unreasonable restrictions on the private economy in many cases，The "Anti -Monopoly Law" opposition to administrative monopoly regulations is important to optimize the business environment of the private economy。For this，"Opinions" also put forward，To strengthen and stop the abuse of administrative power exclusion、Anti -monopoly law enforcement restricted by competition。

　　Optimizing the business environment of the private economy needs to promote fair market competition

"Anti -Monopoly Law" prohibits administrative organs from abusing to eliminate administrative power to eliminate or restrict competition，Including forced transactions、Free flow that hinders goods and elements、Revisibility or restricting foreign operators participating in local bidding activities、Limit foreign capital inflow into the local market、Forced operators are engaged in restrictions on competition behavior prohibited by antitrust law、Develop regulations that contain exclusion or restricting competition content, etc.。The "Anti -Monopoly Law" after the revision also prohibits the administrative organ from signing a cooperation agreement with the operator、Memorandum and other methods，Obstructing other operators to enter the market or implement unequal treatment for other operators。The particularly important thing is，The revised "Anti -Monopoly Law" also introduced a fair competition review system，That is, the administrative organ "" When formulating the regulations involved in the market's main economic activity，A fair competition review should be performed "。From this，The State Council issued the "Opinions on Establishing a Fair Competition Examination System in the Construction of the Market System" bet365 best casino games in 2016 and proposed "fair competition review" from policy regulations to the normalized system of national legal system，and become an important part of the country's legitimate rights and interests to protect the legitimate rights and interests of various market entities in accordance with the law。State Administration of Market Supervision、The "Implementation Rules for the Implementation of the Fair Competition Examination System" jointly released by the National Development and Reform Commission, including the National Development Reform Commission, also refined the 18 categories of the fair competition review system to 55 situations，Provides a relatively clear guidance for the fair competition review of the administrative organs。This means，All regulations involved in market entities，If they may affect the market access and exit of the enterprise、Free flow that affects products and elements、Affecting the production and operation cost of the enterprise or affecting the production and operation behavior of the enterprise，Must conduct fair competition review in advance，Unable to introduce without review。In order to fully implement the fair competition review system，"Opinions" further emphasized，We must adhere to all kinds of ownership companies、Treat them equally;，Do not grant the operator's franchise right，Do not limited operations、Buy、Use products and services provided by specific operators; regularly launch market intervention lines as negative lists，Timely cleaning and abolishing local protection、Market segmentation、Specify a policy that hinders unified markets and fair competition。

Since the implementation of the Anti -Monopoly Law，With the continuous deepening of the national economic system reform，Administrative monopoly cases tried by antitrust law enforcement agencies increased year by year。For example，73 pieces in 2022，increased 59%from 2021，Most of them involve urban management、Medical and Health、Engineering Building、Education、Cultural Tourism and other people's livelihood areas。With the development of the digital economy，Administrative restrictions in the shared bicycle market have a growth momentum in competition，Including the right to set the right to set the right to operate、Set administrative license in disguise、Specify the exclusive business of specific enterprises、Forced charge management fee、Set unreasonable entry threshold、Forced foreign companies to register bet365 Play online games locally。The investigation and punishment of these cases is of great significance for promoting fair market competition and the development of the private economy。With the implementation of the fair competition review system，Administrative organs have reviewed more than 4 million new documents and stock documents in recent years，Among them, about 50,000 copies were abolished or revised。These facts description，The Anti -Monopoly Law plays a role in improving and optimizing the private economy and business environment: First, to promote the openness of the market，Opening market can help private enterprises reduce transaction costs，Expand the business scale，Innovative innovation for the development of new products and new products; the second is to enhance the competitiveness of the market，Because there is no fairness and freedom competition，The market cannot have vitality。If the national economic power is concentrated in the hands of a few people，often leads to market monopoly，The result is that the trading conditions are unequal; if everyone has the opportunity to pursue economic interests，Not only can improve fairness and democracy，and can greatly stimulate people's creativity and aggressive spirit。

　　Promoting fair competition requires strengthening the basic status of competition policy

The Anti -Monopoly Law has played an important role in building a national unified market and promoting the development of the private economy。but，We should also recognize the limitations of this law。"Anti -Monopoly Law", although it has introduced a fair competition review system、Opposition to administrative monopoly，But with the prohibition monopoly agreement、Forbidden abuse of market dominance and control of operators and other economic restrictions on competition cases，Number of administrative monopoly cases、The punishment strength and social impact are not great。Current，Private enterprises enter the market、Qualification review、There are still many institutional disorders in various aspects such as business activities，Various ownership economies "equal rights、Opportunity、Rules Equality "requires further implementation。

Anti -administrative monopoly and fair competition review system has difficulties and resistance and resistance，There are two main reasons。On the one hand，The essence of the fair competition review system is that the government restricts its own power，Naturally, during the implementation process, it will encounter bet365 live casino games the resistance of some officials。On the other hand，Different in the nature of the ownership of the state -owned economy and private economy enterprises，Affected by ideas，The equal status of the two is difficult to confirm in practice，Private enterprises are in a weak position on the starting line of competition。So，"Anti -Monopoly Law" must become a "tiger with teeth" in anti -administrative monopoly，Effective supervision can really be implemented for administrative restrictions.，It is also necessary to further refine and implement the provisions of Article 4 of the Law，That is "the country insists on marketization、Principles of rule of law，Strengthen the basic status of competitive policy "。Industry in the country、Finance、Investment、Trade、currency、Finance、Consumption、Employment、Environment、Regional and other economic policies，Administrative organs should attach importance to the status and role of competitive policies，Treasure it as a basic and basic economic policy。

The current fair competition review may involve issues of conflict of industrial and competitive policy。For example，Involving market access、Industrial development、Investment promotion、bidding and bidding、Government procurement, such as fair competition review related to corporate qualification standards，Some people may think that local protection or regional blockade is not conducive to the national unified large market，Violation of the Anti -Monopoly Law; some people may think that these policies and measures belong to the government's industrial policy，It should be released。To effectively solve this conflict，Improve the efficiency and transparency of fair competition review，Is it necessary for the country to pass the legislation，Clarify the purpose of national industrial policy、Implementation areas and review procedures and steps，To avoid the policies of preferential preferential local or state -owned enterprises as "industrial policy"。

Brief words，In order to improve the unified unified large market，In order to establish a fair competition for different ownership companies，my country still needs to deepen the economic system reform，Strengthen the basic status of competitive policy。If the market mechanism is used as the basic means of allocation of resources，The country must create a fair and free competitive environment for enterprises，That is, the government’s economic policy should bet365 best casino games only work macro -function，Neither prefer certain companies and exclude other companies，Do not prefer certain areas and exclude other regions。This can establish a market mechanism of survival of the fittest and fair competition，Therefore, the free flow of production factor and the optimization of resource optimization，Stimulate individuals and enterprises to actively participate in competition and continuously improve economic efficiency。Just as the 20th National Congress of the Communist Party of China，We want to "implement new development concepts"，To "better play the fundamental rule of law、Stable expectations、Long -term guarantee role "，Effective legal measures are taken for government agencies abuse administrative power to eliminate restrictions on restrictions.，Implement the "Fair Competition Examination" to the end。

　　(The author is a special professor of Shenzhen University、Researcher of the Institute of Law of the Chinese Academy of Social Sciences)