摘要： 构建全国统一大市场需要以公平竞争作为必要条件和重要内容,公平竞争审查制度的建立和完善对于构建全国统一大市场是一个不可或缺的政策工具和基础性的制度供给。我国公平竞争审查制度建立和实施八年多来,在促进市场公平竞争、优化营商环境、促进民营经济发展,尤其是建设全国统一大市场等方面发挥了非常积极的作用,但其在实施中也面临着不少的困难和挑战。在构建全国统一大市场的背景下,我国公平竞争审查制度需要不断进行完善,既需要进一步加强其刚性约束机制,也需要建立和完善其正向激励机制,并使这两种机制相互协调、相互配合,从而有效防止不当市场干预行为,保障和促进全国统一大市场建设。

关键词: 全国统一大市场, 公平竞争审查, 竞争政策, 刚性约束, 正向激励

Abstract: The construction of a national unified market must take fair competition as a necessary condition and important content.The establishment and implementation of a fair competition review system is an indispensable policy tool and basic system supply for the construction of a national unified large market.Since the establishment and implementation of the fair competition review system in China more than eight years ago, it has played a very positive role in promoting fair competition in the market, optimizing the business environment, and building a unified national market, but it also faces many difficulties and challenges in the implementation.Under the background of building a national unified large market, China's fair competition review system needs to be constantly improved.At present, it is necessary to further strengthen its rigid constraint mechanism, but also to establish and improve its positive incentive mechanism and make the two mechanisms coordinate and cooperate with each other, so as to effectively prevent improper market intervention behavior, safeguard and promote the construction of a national unified large market.

Key words: National Unified Big Market, Fair Competition Review, Competition Policy, Rigid Constraint, Positive Excitation