Analyzing Anti Monopoly Of State Owned Enterprises In Monopoly Industries With The Competitive Neutrality Rules

Anti monopoly of state owned enterprises in monopoly industries is a popular issue of academia and society in recent years.With the reform of the economic system and the establishment of the market economic system,more and more industries in China began to break the monopoly of state-owned enterprises,started competing.But in some industries,such as oil,railways,communications and others,the state for the stability of the market,the maintenance of national security or the provision of public services needs,still limit or exclude competition with the law,administrative approval and other means,becoming statutory state monopoly industries.Due to legal protection,lack of supervision and regulation,Monopoly industries` business activities often "cross",more than providing public services or to ensure the stability and stability of the market necessary monopoly level,constitute a unreasonable monopoly in fact.These activities affect the market price,resulting in unreasonable distribution of market profits,undermining the market economic order.And it is harmful for the development of private enterprises and the vitality of the market to play.However,there is no effective way to deal with this problem,whether it is from the legal or administrative point of view.Furthermore,whether the monopoly of state-owned enterprises need anti-monopoly,whether monopoly industries is regulated by Anti-monopoly Law are still in dispute.Competitive neutrality is the frequent occurrence of rules in the practice of state-owned enterprises in recent years.The early emergence of competition neutrality is as an economic policy aimed at eliminating the unfair competitive advantages of state-owned enterprises due to "state ownership" and creating a fair competitive environment for state-owned enterprises and private enterprises to reduce the inefficiency of the market economy.And after that legislated because of its good effect in restricting the unfair competitive advantage of state-owned enterprises.The competitive neutrality rules are not limited to state-owned enterprises in the scope of application.At the deeper level,the application of the rules is aimed at the government anti-competitive behavior represented by administrative monopoly.The introduction of competitive neutrality rules can provide a good reference for the reform of state-owned enterprises in China ’s monopoly industries,which may break the "dilemma" of anti-monopoly of state-owned enterprises in monopoly industries.Therefore,this article aims to refer to the competitive neutrality rule of China’s monopoly industries of state-owned enterprises antitrust,focusing on three issues:a.The rationality of the monopoly of state-owned enterprises antitrust and "anti-monopoly law" applies to the monopoly of state-owned enterprises;b.The rationality of the introduction of competitive neutral rules to solve the problem of monopoly of state-owned enterprises anti-monopoly;c.The feasibility of China’s monopoly industries learn from the feasibility of competitive rules.The first chapter is eliciting the question.First of all,defining the concepts of the monopoly,the state monopoly industries and other related,delineate the scope of this study.And then summarizes the problems existing in the monopoly industries of our country by summarizing the information such as focus,thesis,news report and statistical data.Lead the follow-up study.The second chapter is mainly used to demonstrate the rationality of monopoly of state-owned enterprises antitrust and "anti-monopoly law" applies to the monopoly of state-owned enterprises rationality.First of all,from the monopoly of state-owned enterprises antitrust "dilemma" to start the current academic and social support and negative attitude on this issue.And then from the "anti-monopoly law" Article VII dispute,the initial demonstration of the necessity of anti-monopoly of monopoly industries.Furthermore from the "anti-monopoly law" value to start,from the "anti-monopoly law" legislative rationality,legislative objectives,anti-monopoly exemption system three points of view of the monopoly of state-owned enterprises antitrust and "anti-monopoly law" applies to monopoly industries.The third chapter is mainly used to demonstrate the rationality of introduction of competitive neutral rules to solve the problem of monopoly of state-owned enterprises anti-monopoly.Firstly,it analyzes the reason why the competitive neutrality rules should be introduced.And then analyzes the necessity of anti-monopoly of state-owned enterprises in China’s monopoly industries by studying the emergence and development of competitive neutrality rules,concepts,basic meanings and antitrust theories.Then,it introduces the different theories,contents and practices of the two modes of competitive neutrality rules(TPP model and OECD model).Finally,a critical analysis is made to demonstrate the advantages and disadvantages of different modes of competitive neutrality,to its dregs,and to choose a competitive neutral rule model suitable for China.The fourth chapter is mainly used to demonstrate the feasibility of our country monopoly industry reference to competitive neutral rules.First,it analyzes the characteristics of the introduction of competitive neutrality rules in China’s monopoly industries.And then demonstrates how to use the rules of competitive neutrality and related measures to have any legal barriers or conflicts with existing systems.Finally,the paper analyzes the supporting mechanism of introducing competitive neutral rules in China’s monopoly industries.The fifth chapter is a summary of chapter 1,2,3 and 4,and the conclusion of the full text.