Study On The Legal System Of Competitive Neutrality In The International Trade

As a special concept, "Competitive Neutrality" was raised in the Australia's national competition policy reform in the 90s of the 20th century, it has the same strain with the national treatment and most-favored-nation treatment in the GATT and WTO. Its purpose lies in eliminate the distortion of resource allocation mechanism between the SOEs and private enterprises which caused by the government intervention, and create. With the liberalization of trade, "Competitive Neutrality" has become a hot topic in the international community, OECD trying to study and promote it:the United States and the European Union and other Developed countries began push competitive neutrality in the multi-levels, so that curbing the growth of emerging market countries in global market. As a developing country, the improper competition of China's SOEs and government intervention still exist, "Competitive Neutrality" will become one of the focal issues in the future trade and investment negotiations, and has a profound impact on the economic development and the reform of SOEs in the new period of our country. Therefore, the study is necessary.I.The main content and opinions.This paper is divided into four chapters without the introduction.The first chapter mainly introduces the basic theory of competition neutrality and its legal system. I think the definition is narrow that competitive neutrality is limited between the SOEs and private enterprises. It should include the competition between every enterprises. In addition, the author try to make a clear judgment of the regulation object, the scope of application and the judgment standard of the legal system. Then clarify the relationship between competitive neutrality and government intervention, the reform of SOEs, the Anti-monopoly Law.The second chapter makes a comparative study on the legal system of competition neutrality in Australia, EU, OECD and TPP. Firstly, analyzed the purpose, characteristics and main contents of the legal system, then make a comparative analysis of the foreign legal system, it has similar or overlapping in the System goal, the scope of regulation, the main content, in addition to the political environment, the legislation level and the level of attention, the reason is also include that the phenomenon of SOEs to use public property to exclude and restrict competition is seriously affected; the difference is mainly include the purpose, scope, and the legal construction, I believe that the legal system in Australia and the EU has more substantive fairness, and OECD and TPP are more focused on the form of equity; Finally, I thinks that the construction of the legal system should be based on the foreign experience and the national conditions, combined with the characteristics of the industry and region, establish a comprehensive system, improve the law enforcement procedures and Incentive mechanism.The third chapter analyzes the status and problems of our legal system. The legal system of competition has already included some content which have the similar idea with the competitive neutrality. But these laws and regulations also have serious problems, such as the legislation is disunity, the content is unreasonable, the legal responsibility is not perfect and so on, these problems caused the competition to be non- neutral. The reasons include the changes in the economic environment, the legislators' cognition and tendency of the domestic and international competitive environment, and the lack of Legal amendment.The fourth chapter is mainly related to the construction of the legal system in our country. Firstly, the legal system of competitive neutrality is a unity of distributive justice and corrective justice, and also has the economic theory foundation of public choice and the institutional change. On the other hand, the competitive neutrality conforms to the domestic economic system reform and the international economic rules. The construction of competitive neutrality should follow the principle of free competition, fair competition, reasonable intervention and transparency in the generous mode, and then making clear about the subject and the judgment standard, establishing the competition review and assessment, the system of appeal and punitive damages, as well as the exception.?. The innovations of the paper.At present, the domestic research on competitive neutrality is still in its infancy, and are concentrated in the areas of the influence to the SOEs or the strategy in China. This paper try to break through these main ideas, make a systematic research on the legal system, and achieve the construction in our country. In this paper, the author proposes the regulating objects should include the government and all of the enterprises, and uses jurisprudence and economics theory to make an analysis of the necessity, and point out the principle, Criteria and specific recommendations of the system's construction.Due to the limited ability of collection and translation, it is difficult to achieve requirements of empirical research without the foreign cases. I will further study this legal system and try to complete this paper.