Research On The Issues Of Competition Policy In SHFTZ

In recent years,one of the key important directions and measures of China's economic reform is the establishment of FTZ(Free Trade Zone).As a proposition of economic institutionalization,FTZ and FTR have been established worldwide,and have many successful examples.The research on the combination of the FTZs and the economic system in China is the key point of the thesis,which is to offer the corresponding reference to the coming economic opening and the legal institution of the market reform in China.In the process of the establishment of FTZ,the re-institutionalization of the legal system,especially the adjustment of the economic rules and regulations,this is to be reformed in a way in conformity with the international rules,is quite meaningful and practical.Though they have the geographic limitation,the institution experiments in FTZ offer good examples for a through market innovation and globalization,that have legal,theoretical and practical meanings obviously.In difference with free trade agreements between nations,the experiments lead by a specific nation voluntarily is the adjustment of the economic relation in the nation and under a certain historical situation,which has a theoretical meaning to the Reform and Opening-up.The experiments are beyond the re-structure of intervention doctrine and neo-liberalism.The thesis sets out from the functional location of the SHFTZ,combining with the present tendency and features of FTZ(FTR)in the world,and furtherly the market access system in FTZ from the perspective of competition policy,as well as the innovation of trade pattern,investment openness,offshore function,government management in FTZ.By the comparison of the legal regulation,institutional design,and judicial practice of competition protection both in China and abroad,we may find some useful reference of constructing the competition policy and improving the social innovation system.Based on practical and theoretical consideration,views are proposed that: Firstly,the experiment of national treatment before admission and negative list management mode is a kind of legal exploration of institutionalization of market competition.The national treatment before admission establishes the market system of different market bodies with equal status,which subverted the existing administrative monopoly.Meanwhile,the negative list management mode offers a limited security for reserving national interests and public appeal.The government's interests cannot be guaranteed by administrative monopoly,for it is neutral in the market economy.This is a basic requirement for a equal and free market.This is the meaning of the innovation of market access system in FTZ and also in the area of competition law theoretically.Secondly,the innovation of management system and mechanism in FTZ,especially the innovation of market access,is a practical reply of the government to the Reform and Opening-up as well as an institutional improvement to the administrative monopoly.The innovative trend makes the macro-control of Chinese economy a part of the world's investment and trade rules in legal structure and system.And it is also to find a way to protect the national interests in the economic globalization.Thirdly,in the micro-level,the experiments of the law of competition in SHFTZ offer a systematic frame for the kinds of market bodies to apply the equal and free market activities.The measures of national treatment before admission and negative list management mode make the market and legal innovation touch the structure of the system.The innovation points of the thesis are as follows:Firstly,taking the competition policy for the cut entry,the thesis focuses on the competition system and anti-monopoly restriction in FTZ from the aspect of legislative designing,which is the theoretical innovation point.Secondly,by the way of benefit analysis,the thesis defines the relation between openness and regulation,national treatment and market access in reality,offering the theoretical basis for constructing the competition system in the FTZ.Thirdly,by the way of regulation analysis,the thesis tries to find the government mechanism between market access and risk aversion in FTZ.The thesis re-defines market competition in economic and law,which was re-analyzed in the area of FTZ and FTA,so as to offer a new law-economics research aspect of reform of market opening and competition advocacy.