| The beginning of the competition neutrality rule was a domestic reform policy that originated in Australia.Its core is that the government’s businesses which compete with the private companies can not enjoy the competitive advantage because of its status.Since the global financial crisis in 2008,the strength of the developed economies has been reduced,while the emerging economies represented by the BRICS countries have developed strongly.In particular,state-owned enterprises,represented by China,have shown their economic strength in the international market which has drawn a lot of attention by European countries and the United States.They believe that these countries,especially China’s state-owned enterprises have great competitive advantages in the international market mainly due to the support of the government behind.In order to maintain the international competitiveness of domestic enterprises,the United States and other developed countries actively promote the competitive neutrality rule in the United Nations Conference on Trade and Development,Organization for Economic Co-operation and Development and other international organizations,and established in bilateral and regional trade agreements,ultimately the competitive neutrality rule have generated widespread concern in international market,and the rule have evolved from domestic policies to international rules.The evolution of this rule is actually the international economic competition under the new situation of countries to strengthen the system of competition,which will have a profound impact on international trade and investment development,competition by state-owned enterprises in the international market and China’s bilateral and multilateral economic relations and even the future of the entire economic development.In the face of the ever-expanding form of competitive neutrality rule in the international market and the ever-increasing trend of status,we can not passively accept challenges,we should respond positively.In fact,the reform of state-owned enterprise has been around the capitalization and marketization of state-owned assets,which is in line with the basic requirements of competitive neutrality,but our state-owned enterprises is indeed very dependent on government subsidies and preferential policy to support by a certain extent.The formulation and promotion of competitive neutrality rule has brought pressure to our government and state-owned enterprises,but also provid a new way of thinking and direction for the reform.Therefore,it is of great significance to study competition neutrality rule,so as to promote the competitiveness of our country’s state-owned enterprises,raise the market openness and promote the development of our country’s state-owned enterprises to the international market,strengthen the competition system and cultivate the culture of competition.China should enhance the competitiveness of the system through both internal and external,comprehensively establish a competitive neutrality system that in line with China’s national conditions,perfect the competition legislation and relatied policies,promote the implementation of fair competition review system,establish the legitimacy review mechanism of competitive neutrality rule,standardize the government subsidy,increase the reform of state-owned enterprises,realize the classification management of state-owned enterprises,and with test of the domestic free trade area,explore in depth of state-owned enterprises competitive neutrality.At the same time,through the international bilateral and multilateral free trade agreements,actively participate in the establishment and interpretation of neutrality rules in the international stage,promote state-owned enterprises to respect the law of market development,weaken the support from government,promote the harmonious and fair development of the market competition environment,and further improve its ability of sustainable development and international competitiveness.This paper consists of the introduction and the text part,the main part consists of five chapters.In the first chapter,the author outlines the competitive neutrality rule,introduce the international background of the rise of competition neutrality rule,the concept of competitive neutrality rule that origined in Australian,the development of competitive neutrality and the rules promoted by the United States and by OECD.Excavate the concept and the basic connotation of competition neutrality rule.Then analyze the legal basis of the competitive neutrality rule.From the analysis of the concept of fair competition and the analysis of the basic content,propose the fair competition is the theoretical foundation of competitive neutrality.Analyze policy objectives from the rationalization of the business model,standardized government subsidies,taxation,control,debt and other neutral requirements of three aspects of competitive.The second chapter introduces the practice of competition neutrality rules in the United States,the European Union,Australia and the developing countries,summarizes their implementation goals,implementation process and implementation mechanism of the competition neutrality rules,and selects typical cases to analyze.Finally,the author makes a systematic comparative analysis of the differences in regional practice in these countries,compares their purpose of promoting competition neutrality,the definition and basic content of competitive neutrality rules,the overall legal framework and the effect of implementation,which establish a foundation on how to correctly define the content of competition neutrality rules and which legal framework should we adopt.The third chapter analyzes and studies the international developmenmt of competitive neutrality rule and the challenge to our country.Competitive neutrality has evolved from the concept of domestic law in the field of competition law to international norm,it has been accepted by many countries as a strong complement to competition law.According to the OECD survey,27 of the 32 countries considered competition neutrality a set of rational and sound policy rules and had already begun practice on competitive neutrality,and some of the transition economies began to accept competitive neutrality rules.Competitive neutrality rule become an important part of global economic governance,began to enter bilateral or multilateral trade agreements and become a new trade and investment protection measures to China’s state-owned enterprises to go out and participate in regional trade liberalization challenges.The fourth chapter studies China’s competition polices and the position of competitive neutrality rule.At present,there is no legislation on competition neutrality in China,but similar content occurred in the competition law.This paper introduces the relevant provisions of the Anti-Unfair Competition Law and the Anti-monopoly Law and the relevant contents of the fair competition review system,and compares them with the competitive neutrality rules respectively.At present,the government gives tax priority on the state-owned enterprises,giving them special subsidies and financial policy support,so that state-owned enterprises can enjoy a dominant position in the market.The reason for this is mainly due to the historical factors of the planned economy,the unreasonable guidance of government performance and the existence of the anti-monopoly law in the regulation of administrative monopoly.At the same time,we must also see that the state-owned enterprises have advantages and disadvantages in the market competition.The goal of the reform of the state-owned enterprises is consistent with the substantive objectives of the competitive neutrality rules.The fifth chapter is the core of this thesis.It mainly elaborates our country’s countermeasure towards the competitive neutrality rule and explores the construction of the competitive neutrality system in line with China’s national conditions.The core of competitive neutrality is to ensure the fair competition of the market players to the maximum extent,in order to achieve this goal,first of all,we should clearly understand the general principle of competitive neutrality is to recognize the rationality of competitive neutrality rules in promoting domestic competition.Second,we should also recognize the competitive neutrality rule has the characteristics of trade protection.For China,the top-level design should be carried out from top to bottom which can promote the perfection of competition legislation,actively participate in the international study on the rules of competitive neutrality,incorporate competitive neutrality rule into China’s competition law system and fair review system,promulgate of competition policy with China’s national conditions and establish legitimacy review mechanism with competitive neutrality rule.Second,we should promote the reforms relatied to competitive neutrality,standardize government subsidy and deepen the reform of state-owned enterprises,through the classification of supervision in the field of competition to achieve fair competition between state-owned enterprises and private enterprises.On this basis,gradully establish competitive neutrality supporting measures.Lastly,the author suggests explore competitive neutrality rule in the domestic free trade area,and promote nationwide when they are matured. |
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