Competitive Neutrality Research

Since 2008, owing to the outbreak of the global financial crisis and the "debt ecrisis", a large world economic structure have been adjusted, the new economies has begun to emerge, and the leading force in the global trade also has been changed. From 2011, the senior of US refers to "competitive neutrality" concept in international trade or investment and diplomatic occasions, and then press ahead and make up the framework "competitive neutrality" of under the help of the United Nations Conference (UNCTAD), the Organization for Economic Cooperation and Development (OECD) and other international organizations,trying to limit the relevant provisions of the state-owned enterprise competitive advantage and attract more attention by all over the world. Now,Australia has completed SOE reform through competitive neutrality, the EU has established the system of competitive neutrality, OECD has established the "state-owned enterprises competitive neutrality framework". Besides, Singapore, South Korea and other countries have successfully established competitive neutrality economic system and achieved remarkable results.Although many domestic scholars is still opposed competitively neutral system, the western countries give internationally competitive neutrality regime high praise. In some extent,the behavior of the western countries is against China’s intention. However, if we can properly utilize the will of the western countries, it wil give more advantages to Chinese state-owned enterprise reform and improve the anti-monopoly law. At present,based on specific historical social reasons, China is in a period of rapid economic transformation and strategic development, administrative monopoly behavior has been appeared frequently and broken fair competition, making China the market economy difficult to be in sustainable healthy growth. In other word,the regime of competitive neutrality will play great importance on dealing with Government’s anti-competitive behavior and China’s state-owned enterprise reform, and then give result to the system of "competition censorship’At first,this paper introduces the meaning and value of competitive neutrality regime, including the competitive neutrality regime’s concept, characteristics, scope and status of development forward.Then, the paper introduces the status of neutrality of competition legislation and institutional practices, the defects of competition law, and the several typical cases of foreign state-owned monopoly.Finally,this paper proposes some suggestions on how to meet the challenges of the competitive neutrality regime, improve China’s "anti-monopoly law" and build a fair and competitive market economy surroundings.At present,there are still many deficiencies in China’s "anti-monopoly law", so that it is urgent to improve the administrative monopoly behavior (government anti-competitive behavior) of the Regulation and establish the authority of competition policy. In addition, the regulation of administrative monopoly and the reform of state-owned enterprise is regarded as the part of the system of competitive neutrality, in other words,the censorship of competition is the prototype of the forthcoming establishment of competitive neutrality regime. Therefore, the regime of competitive neutrality is on trend. However, we should master the right to speak of international trade and attend the formulation of international trade rules positively to help China’s State-owned enterprises take active position in international trade and investment in the field. Only this would establish the regime of "competitive neutrality"...