The Study Of The Localization Of Competition Neutral System

The competition neutrality system aims to create a fair market competition environment for state-owned enterprises and private enterprises by standardizing the government's improper competitive advantages provided to state-owned enterprises.Neutral competition originated from the reform of domestic competition policy in Australia,and in practice it developed into a domestic legal system.Then,driven by the developed countries in the United States and Europe,OECD began to conduct competition-neutral research and publish a series of research reports,gradually leading countries to follow suit.Gradually becoming one of the negotiating terms of relevant international economic and trade agreements such as TPP,competition neutrality has gradually evolved into a legally binding international economic and trade rule.The competition environment in China's domestic market is gradually becoming more and more perfect with the deepening of reform and opening up.The series of laws and regulations including the Constitution,the Anti-Monopoly Law,and the Anti-Unfair Competition Law all interfere with the government and state-owned enterprises.Acts and other rules have been made in principle,fully embodying the existing concept of competition neutrality in China's legislation,and laying a certain legal basis for the establishment of China's competitive neutrality system.However,judging from a comprehensive prudence,our country' s competitive neutrality system is still in a state of deficiency.In order to make up for the inadequacies of the domestic competition legal system and the need to participate in the governance of international economic and trade rules,China urgently needs to build a competitive neutral system that meets its own national conditions.In view of the current advocacy of laws and regulations on fair competition,and the integration of both international economic and trade rules and competition neutrality,China already has the mature conditions for building a neutral competition system.The obstacles that affect the establishment of a competitive neutrality system in China mainly include the domestic legislative provisions on inappropriate interference with corporate competition and the issue of trade protectionism triggered by international standards.In this regard,in the process of actively participating in the negotiation of the competition neutrality system,on the one hand,we need to adopt regulations that include timely revision of laws and regulations in China that do not conform to the competition neutrality system,reasonably determine the scope of application and basic rules of the neutral competition system in China,and improve scientifically.China's competition neutrality system,supporting the implementation of mechanisms and other measures to build a Chinese model of a competitive neutral legal system.On the other hand,they should actively put forward their own claims on the rules of neutrality in the negotiations in bilateral and multilateral agreements,and actively advocate that the system of neutral competition cannot exclude the involvement of the government in the market and the development of state-owned enterprises,and that competition and neutrality of international rules requires more attention to substantive fairness in China,etc.