The Regulation Of EU's Competition Law On State Aid And Its Enlightenment To The Perfection Of Related Legal System In China

State aid control system refers to the legal system that protects market competition that parallel with the antitrust,cartel,and merger systems under the EU competition law.Different from other legal system which regulates competition behavior in the national market,the state aid control system regulates the behavior of EU member state that use national resources to grant advantages to specific undertakings,thereby affecting the trade between member states and distorting the competition order of the internal market.In other words,the object of such regulations is the behavior of a sovereign state that just carry out its own industrial policies and financial subsidies.The characteristic of EU's state aid control system is that it subjects industrial policies,financial subsidies,tax incentives policies and other behaviors which a member state has implemented in its own country into the regulation scope of competition law and gives the European Commission the power to review and approve these Aids.Articles 107 to 109 of the EU Treaty are the most important articles of the entire state aid control system.Besides,the European Commission,the Council,and the European Court of Justice announced a large number of regulations,directives,decisions,and cases that further clarify and enrich this system.It can be said that the EU's state aid system is a model for regulates the relations among the country,market and undertakings in the world today.This article is divided into three chapters to systematically introduce the EU's state aid control system.It further discusses its reference value for regulating Chinese government's similar conduct and puts forward opinions on further perfecting China'smarket economy legal system.The first chapter first introduced the basic concepts of the EU state aid behavior,the rationality of the state's aid behavior,and the problems it would cause in three aspects.After that,it briefly outlined the EU's state aid control system.On this basis,it is found that Chinese government also has similar behavior and problems compared to EU state aid behavior.Then,the unique background,main formalities and problems caused by Chinese government aid behavior are discussed.The second chapter refers to the European Commission's documents and legal practices of the European Court of Justice,each elements of the EU state aid behavior is deconstructed and analyzed,it discusses the conditions must be satisfied when a behavior deemed to be a state aid behavior,and the value behind these elements.The definition of the state's aid behavior can be defined as the basis for the establishment of the whole states aid control system.The third chapter is a discussion of the reference significance of the EU's state aid control system to China.It first clarifies the problems that cannot be solved by learning EU's state aid control system.Then,it puts forward two principles that China should follow when drawing lessons from the EU state aid control system at Chinese current legal system.Finally,several constructive suggestions are proposed for the main formalities of governments aid behavior in China.Both EU's state aid behavior and Chinese government's similar behavior are intervention that intends to make up efficiency loss when market failure.Besides,aid behavior is one of the most important ways to achieve the goal of maximizing social welfare apart from economic goal.But it is exactly why the distorting effect of the government's aid behavior on market competition has not been valued for a long time.Learning from the EU's state aid control system means we are not supposed to simply prohibit all aid behaviors or allow all aid behaviors.Instead,in the light of China's current market economy development and based on competition priority principle,it supposed to make use of legal method to clarify the boundary between the government's power and market rights,setting up an independent and disciplinary authority to conduct unified review of government aid behavior,requiring beneficiary to publicly disclose its aid funds,and improve the transparency of government aids.In short,China should control the aid behaviors made by governments at all levels in order to minimize the government's impact on the market in order to ensure that the economy is operating well.