| With the implementation of CPTPP,China was excluded due to its high-standard state-owned enterprise clauses,which aroused domestic attention to the competition neutral system.Although the competitive neutrality system has been proposed in Australia,the European Union,the United States,OECD and other countries and organizations,there is no uniform international standard because of the different understanding and application of competitive neutrality.In order to clarify what competitive neutrality is,this article is based on the perspective of comparative law to comprehensively compare the development process,system objectives,core content,and implementation mechanism of the competition neutral system in Australia,the European Union,the United States,OECD,and CPTPP from the perspective of theory and practice.It is recognized that the competition neutral system is to maintain fair competition among operators in the market,and what regulates the unreasonable interference of the government’s power in the market.Combining the current situation of China’s market competition,the institutional environment and the international situation,it is determined that China has the necessity and urgency to introduce a competitive neutral system.Through comparative analysis,it is believed that when China introduces the system of competitive neutrality,its applicable subjects should not only target state-owned enterprises.It should conduct substantive examination of whether it violates competitive neutrality,and fully implement the principle of competitive neutrality in the legal system and be wary of "system non-neutrality" risks of.In addition,the classification and transparency of state-owned enterprises must be reformed,and the competition law and fair competition review mechanism will be improved.At the international level,we should adhere to China’s independent stand on competitive neutrality and actively participate in the formulation of new international trade rules.Therefore,in addition to the first part of the introduction,the specific structure of this article is as follows:The second part describes the basic theory of competitive neutrality.By expounding the origin and development of competitive neutrality,the differentiation of its meaning,institutional goals,and theoretical cornerstones,we understand that although the competitive neutral system has a solid theoretical foundation,it is more manifested as its tool attribute.The third part elaborates the extraterritorial practice of the competition neutral system.Through comparative analysis of the obligations and regulatory content of the competition neutral system in Australia,the European Union,OECD,and CPTPP,it can be seen that competitive neutrality is not only for state-owned enterprises,but also for private enterprises with special advantages.Competitive neutrality not only requires the realization of the distinction between commercial and non-commercial functions,cost allocation and accounting,and commercial rate of return,but also meets the requirements of regulatory neutrality,tax neutrality,credit neutrality,and government procurement neutrality.Through a case study of the competitive neutrality system between Australia and the European Union,it is believed that a substantive review should be made when judging whether it violates the requirements of competitive neutrality in practice.The fourth part introduces the necessity of China’s introduction of a competitive neutral system.First,analyzing the current situation of market competition through data shows that Chinese state-owned enterprises still enjoy government subsidies that are significantly higher than private enterprises,and their production efficiency is low,which undermines fair competition in the market.Secondly,China’s existing competition law and fair competition review system are both inadequate,and it is difficult to effectively solve the problem of distorting market competition caused by the government.Finally,facing the international demand for competitive neutrality,it will even directly affect the changes in WTO rules for state-owned enterprises and seriously damage China’s interests.Therefore,China has the necessity and urgency to introduce a competitive neutral system.The fifth part shows the challenge and response of China’s introduction of a competitive neutral system.Based on the extraterritorial experience of competitive neutrality,although China faces challenges in introducing a competitive neutrality system,China should stick to its own position when introducing a competitive neutrality system.Its applicable subject should include all market entities with unfair competitive advantages,and whether it violates competitive neutrality It is necessary to conduct a substantive review,and fully implement the principle of competitive neutrality in the legal system and be alert to the risk of "system non-neutrality".In addition,the classification and transparency of state-owned enterprises must be reformed,and the competition law and fair competition review mechanism will be improved.At the international level,we should adhere to China’s independent stand on competitive neutrality and actively participate in the formulation of new international trade rules. |
