On The Legal System Of Competitive Neutrality Of State-owned Enterprises

Competition is the core element in the market economy.To ensure the effective allocation of market resources,it is necessary to have a free and fair market environment.Because of its ownership characteristics,in the competition with private enterprises,state-owned enterprises often use their special status to obtain preferential treatment from the government and enjoy improper competitive advantages.In order to maintain the market order of free and fair competition,improve the enthusiasm of market players,and give full play to the effective allocation of resources,the concept of competitive neutrality of state-owned enterprises has emerged.With the development of economic globalization,the introduction of competitive neutrality of state-owned enterprises has become one of the most noteworthy trends in international economic and trade rules and national competition policies.Competitive neutrality of state-owned enterprises refers to the commercial activities of economic entities owned or substantially controlled by the government.They must not have competitive advantages over private entities because of their ownership of the public sector.In view of the theoretical differences in the implementation of competitive neutrality of state-owned enterprises in China,there are both supporting views such as state-owned enterprise reform theory,private enterprise development theory,competitive adaptation theory,and opposing views such as pseudo-concept theory,unconstitutional theory,state-owned enterprise disadvantage theory.Therefore,the establishment of a Chinese version of the competitive neutrality of state-owned enterprises should form a basic theoretical consensus that will help accelerate the reform of the socialist market economic system with Chinese characteristics,provide logical proof and rule support for the legal legitimacy in China ’s economic development,and safeguard national interests.The goal is to establish a balanced and reasonable state-owned enterprise governance structure,achieve equal protection of property rights,and establish a fair competitive market.The competitive neutrality of state-owned enterprises in the world has rich practical experience,forming domestic reform mode,regional rule mode,international advocacy mode,regional trade mode and bilateral trade mode.It highlights the differences in the concept and system selection of competitive neutrality of state-owned enterprises in different development stages in terms of adjustment scope,behavior rules and implementation mechanism,and provides a good reference for the construction of competitive neutrality of state-owned enterprises in China.China has the necessity of building competitive neutrality of state-owned enterprises,including helping China to integrate into the new order of international economic and trade development,changing the status quo of non-neutral competition of state-owned enterprises,and accelerating the construction of a unified big market in China.At the same time,it has the feasibility of rule construction.The relevant laws and regulations of state-owned enterprises,policy reform measures and the practice of free trade zones have laid the foundation for building competitive neutrality of state-owned enterprises in China.To construct the competitive neutrality of state-owned enterprises in China,the scope of adjustment should be clarified,with substantive control as the main standard,commercial behavior as the standard of conduct,and the principle of exemption as the exception clause.The specific rules include six aspects : market access neutrality,enterprise operation neutrality,credit financing neutrality,government subsidy neutrality,tax preference neutrality and government procurement neutrality.In order to ensure the effective implementation of the rules,it is also necessary to optimize the corresponding implementation mechanisms,including improving the fair competition review system,improving information transparency and establishing a competitive neutrality complaint mechanism.