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A Comparative Study Of "Streamlining The Operational Form Of Government Business" In The Competitive Neutrality System

Posted on:2021-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y L LinFull Text:PDF
GTID:2416330647950456Subject:International law
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Since Australia proposed the reform of the competitive neutrality system for state-owned enterprises,the competitive neutrality has been gradually recognized in the world after being popularized in Europe and the United States.The competitive neutrality system has become more and more systematic after being studied by OECD to form many reports.This paper makes a comparative study of the narrow sense of competitive neutrality systems of Australia and OECD,the broad sense of competitive neutrality systems of the European Union and the United States,and finds that the indispensable requirements of the broad sense and narrow sense of competitive neutrality systems include "streamlining the management forms of state-owned enterprises".Therefore,this paper studies and analyzes the "streamlining the operational form of government business" and finds that from Australia to the United States,the system of streamlining the operational form of state-owned enterprises is continuously developing.First of all,Australia put forward the requirements of transparency and accountability when carrying out domestic reforms,stressing that state-owned enterprises should carry out corporatization reforms and requiring state-owned enterprises to undertake higher disclosure obligations.Australia also emphasizes that the commercial activities and non-commercial activities of state-owned enterprises should be treated separately in terms of cost sharing,etc.Then,OECD put forward the "eight cornerstones" which mainly focus on "streamlining the operational form of government business".In this respect,OECD put forward the requirements of broad corporatization including transparency and structural separation of state-owned enterprises.Thus,the three requirements of streamlining the operational form of state-owned enterprises have been formally put forward: corporatization,transparency and structural separation.The EU has proposed in the Transparency Directive to separate commercial functions from public welfare functions.After that,the state aid system was put forward in the EU Operation Treaty.In order to implement the system of “Aids Granted by States”(the system of state aid),the European Commission made a distinction between activities of Services of General Economic Interest(SGEIs)and economic activities,and emphasized here that subsidies for enterprises to accept SGEIs activities should be accounted for separately.Although the United States withdrew from TPP in 2017,after the "commercial consideration" requirement was put forward in the US-Singapore Free Trade Agreement,the "commercial consideration" is still emphasized in the US-Mexico-Canada Agreement.And under the premise of "commercial consideration",the "non-commercial aid" similar to the EU's system of "state aid" is proposed.The competitiveneutrality system between the EU and the United States is a development of OECD's "streamlining the operational form of state-owned enterprises".First,in the EU,it combines transparency with structural separation,which is reflected in the transparency directive and the "state aid" system.The United States and Australia are similar and focus on commercial considerations.In the structural separation,the United States proposes to combine commercial considerations with non-commercial assistance,thus forming a macroscopic separation system.The competitive neutrality system is in line with the interests of China's state-owned enterprise reform,and in the process of China's continuous marketization,many of the institutional designs for the reform of state-owned enterprises are also in line with the spirit of the competitive neutrality system.However,China's state-owned enterprise reform has not formed a competitive neutrality system,and even has not implemented the most basic provision of the competitive neutrality system-distinguishing commercial functions from non-commercial functions.Therefore,this paper analyzes the reform of China's state-owned enterprises' competitive neutrality system from the core of streamlining the state-owned enterprises' operational forms,and puts forward some suggestions.First of all,this paper finds that streamlining the operational forms of state-owned enterprises plays a significant role in regulatory neutrality,tax neutrality and public procurement.Therefore,this paper discusses and emphasizes the significance of streamlining the operational forms of state-owned enterprises.Then,it puts forward suggestions on the three requirements of streamlining the operational of state-owned enterprises: corporatization,transparency and structural separation.It requires that the classification of state-owned enterprises should be improved,cost allocation should be carried out in the mixed ownership reform,transparency should be strengthened,and the fair competition review system should be improved.
Keywords/Search Tags:competitive neutrality, state-owned enterprises, streamlining the operational form of government business
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