Research On Competitive Neutrality Under The Theory Of Regulatory Change

Regulatory change theory is not a traditional economic theory,but a new concept proposed by modern economics in the context of globalization and marketization in order to achieve innovation in government regulation.Based on the traditional competitive market theory,the theory of regulatory change advocates that government regulation also needs to achieve regulatory innovation with the changing information structure of the times,and emphasizes that government intervention in the market should pay more attention to self-correction of regulatory behavior,so as to complete the transition from "economic regulation" to "administrative regulation".However,it overlaps with the competition neutrality system,which also focuses on "limiting government intervention in the market".In recent years,the government’s improper interference in the market has increased frequently.The administrative entities authorized by the administrative organs or laws and regulations to manage public affairs mainly protect specific business entities through improper economic assistance,administrative control or administrative preferential treatment.At the level of government’s market regulation,direct economic assistance such as improper capital subsidies or indirect economic policies such as unreasonable tax incentives are flooded,at the level of government market regulation,the establishment and protection of access barriers,the intervention of administrative power in operation,and the improper price control and quantity control in supervision have become increasingly serious,which have caused serious damage to the normal operation of the market mechanism.However,this kind of improper administrative intervention is different from the administrative monopoly behavior regulated by the anti-monopoly law in form because of its hidden damage process and delayed damage results.It is not an administrative behavior prohibited by laws and administrative regulations.However,the implementation of this act has also changed the competitive conditions in the market,also caused other competitors to be in a passive and adverse situation,and also produced the harmful consequences of eliminating and restricting competition.In view of above background,the system of competition neutrality,which takes the regulation of government’s improper intervention as its own responsibility,has become a good way to fill the gap in China’s competition legal system,lead the transformation of government functions,build a high-quality and high-volume market system,implement the basic position of competition policy,and promote the deep reform of China’s economic system.However,just talking about the positive effect of competition neutrality is difficult to reverse the current adverse competition situation caused by the misplacement and offside of China’s government intervention.Only by internalizing competition neutrality into a specific system and relying on a perfect implementation mechanism can the system play its role in economic development,and become a pioneer system that can effectively regulate government behavior and lead the construction of a fair competition market system.In view of this,this paper will first explore the logical connection between the theory of regulatory change and the competition neutrality system,and then analyze the legal dilemma and real obstacles to the construction of the competition neutrality system in China under the pull of the theory of regulatory change,as well as further point out the deep-seated reasons for these dilemmas and obstacles in accordance with the analytical framework of the theory of regulatory change,and on this basis put forward specific countermeasure suggestions to facilitate the construction of the competition neutrality system in China.Similarly,following this logic,this paper divides the theoretical study of the competitive neutrality system into six chapters,which are as follows:The first chapter is about the theoretical basis and internal connection between regulatory change and competition neutrality.This chapter begins with a discussion of the theories underlying regulatory change and competition neutrality,discusses the evolution and legal implications of government regulation,and analyzes the theoretical basis of the competition neutrality regime and the evolution path of the regime from domestic law to international rules,and also analyzes the value change process of the competition neutrality regime,that is,as the regime expands globally,its value evolves from a "small rule" to regulate state-owned enterprises to a "large regime" to restrict government behavior.On the basis of this,we also summarize the intrinsic connection and coherence between the theory of regulatory change and the competition neutrality system.On this basis,this chapter also distills the internal connection and coherence between the theory of regulatory change and the competition neutrality regime.The second chapter is about the practice and current situation of the competition neutrality system in China.This chapter analyzes the main reasons and manifestations of the deviation between the government behavior and the competition neutrality system.First of all,it expounds the development status of the competition neutrality system in China,and draws the conclusion that the system is still in a substantial vacancy in China.Then,the paper expounds the manifestations of the deviation of the current Chinese government’s macro-market regulation and micro-market regulation behaviors from the competition neutrality system,and sums up these manifestations as the government’s improper economic assistance,administrative control and administrative support behaviors,thus putting forward the chapter conclusion that the deviation of government behavior is the main inducement to build the competitive neutrality system in China.The third chapter,guided by the regulatory reform theory,examines the construction dilemma of the competition neutrality system in China.This chapter introduces why to analyze the various causes of the competition neutrality system from the perspective of the regulatory reform theory,and then puts forward the difficulties and obstacles faced by the construction of the competition neutrality system in China,including the theoretical difficulties such as the differences in the definition of the scope of regulation,the determination of the applicable standards of law and the interpretation of the anti-administrative monopoly law,the discrimination of the relationship between the fair competition review,as well as the shackles of government thinking,the lack of competition review and the difficulties of the law enforcement system.The lack of anti-monopoly laws and other practical obstacles have become a difficult problem for China to build a competition neutrality system.The fourth chapter is the theoretical framework of the rule of law based on the regulatory reform theory to reshape the competition neutrality system.Under the guidance of the theory of regulation reform,this chapter proposes the specific path to introduce and construct the competition neutrality system in China.However,before the construction,it is necessary to further clarify the guiding ideology and basic principles of the system construction,and plan the promotion mode of the competition neutrality system,respectively from the two levels of "theoretical framework-practical recommendations",to outline the framework system of the competition neutrality system that meets the interests of China.Therefore,this chapter takes the lead in reshaping the legal theoretical framework of the competition neutrality system,refining the theoretical foundation of the competition neutrality system from the aspects of legal concepts,regulatory elements,evaluation standards,codes of conduct and applicable exceptions.The fifth chapter is the practical suggestions of the rule of law based on the theory of regulatory reform to improve the competition neutrality system.This chapter will continue the improvement path of the previous chapter,and continue to promote the introduction and construction of the competition neutrality system in China from the perspective of practical suggestions,including smoothing the legislative advancement channel of competition neutrality in China,promoting the construction of the supporting mechanism of competition neutrality,strengthening the internal supervision and relief of competition neutrality,coordinating the external legal protection of competition neutrality,etc.,to create a good implementation environment for the implementation of the competitive neutrality system in China.