| Competition as the core of market economy,the premise of giving full play to competition effectively is to have a level playing field.The aim of competition law is to overcome market failure and take it as one’s duty to stop unfair competition and limit competitive behavior.The connotation of the competition neutral rule is to maintain the fair competition right of the market subject,so as to create a fair market competition environment.Therefore,the competition neutral rule conforms to the requirements of the competition law and the development law of the market economy.At present,there is no systematic legislation on competition neutrality rules in China,but only some existing laws and regulations contain the concept and spirit of competition neutrality rules,the competition neutrality rule has repeatedly appeared in the negotiations of international economic and trade rules,and some countries have used it as a weapon to suppress foreign investors and improve their own international competitiveness by curbing the investment activities of other countries.Under the background of the deep round of reform of China’s market economy and state-owned enterprises,in order to better implement the strategy of "going out" and improve the international competitiveness of state-owned enterprises,it is urgent to conduct an in-depth study on the rules of competition neutrality,so as to respond to the international economic crisis more fully.The applicable research framework for the competition neutrality rules in the foreign investment of state-owned enterprises in China is as follows:First of all,combined with the different experiences of other countries and the views of scholars at home and abroad,this paper gives the definition of competition neutrality rule.The content of competitive neutrality rules in each country is different from a previous version or international organizations,particularly the OECD detailed competition neutral framework of rules are given.This paper gives an overview of the basic theory of competition neutrality rules,including meaning,basic framework and legal significance.Among them,the basic framework mainly covers the scope of application,main content and implementation mechanism.Secondly,according to the history of the competition neutral rule,the foreign legislation practice about the rule is sorted out.It is found that the "competition neutrality"was first described in the domestic legal level of Australia in 1995 Agreement on Competition Principles.Since the 21 st century by the organisation for economic cooperation and development issued a series of work report in relation to competitive neutrality rules,this rule was developed.Rules of the international community to conduct extensive attention from the United States in May 2011 at the state department official weibo entitled "competitive neutrality: for the global competition to provide a reasonable basis of the article,after many times in bilateral or multilateral negotiations to conveying competitive neutrality rules,trying to promote it,especially at the time of this rule has been heavily promoted by the TPP negotiations.Although the term "competition neutrality" has not appeared in Chinese laws at present,there are many provisions in existing laws and regulations that can reflect the rules of competition neutrality,which is worth exploring.Thirdly,by analyzing the current status of state-owned enterprises,foreign investment in China and after comparison between the present situation of private enterprise,although the private enterprise in foreign investment has become more and more important,but the key force of foreign investment are still the state-owned enterprises,which plays a key role in the economy.However,with the deepening of market opening,the disadvantages of state-owned enterprises with government background enjoying preferential policies from government departments have become increasingly prominent,especially under the sweeping of competition neutrality rules.Western developed countries are easy to use this as an excuse to criticize China’s state-owned enterprises.We should never fail due to weak laws.The introduction of competition neutrality rules into the overseas investment of state-owned enterprises conforms to the operation law of socialist market economy,and is also the need to cope with investment risks,bear the pressure of multilateral free trade organizations and shape the phenomenon of countries overseas.Finally,On the one hand,some enterprises in China enjoy some preferential policies due to their special status,which is not conducive to the creation of a level playing field.Therefore,it is necessary to reduce the preferential policies for state-owned enterprises in a proper and systematic way.At the same time,as state-owned enterprises assume a large number of public service functions,it is easy to reduce their competitiveness in the original field,and it is also necessary to reduce the social burden of state-owned enterprises.On the other hand,under the background that various countries or international organizations have issued the corresponding competition neutral rules.It is urgent for China to construct the competition neutral rules in line with its own interests,and make clear the meaning and application of this rule.In addition,it is still necessary to give play to the role of the world’s largest developing country,attach importance to and participate in international cooperation platform,so as to enhance the discourse power in the construction of competition neutral rules.In addition,we can practice the rules of competition neutrality in the existing free trade zones and find a plan that suits the national conditions,so as to promote the experience of free trade zones in a step-by-step and planned way... |
