关于竞争中立规则的中外发展与启示

发布时间：2018-06-22 14:40

本文选题：竞争中立 + TPP　；参考：《吉林大学》2017年硕士论文

【摘要】：竞争中立规则旨在保证所有企业,不基于非商业考虑的因素而享有不正当竞争优势。其调整的实际主要是政府与国有企业的行为,该行为涉及各种非商业援助,如信贷、补贴、物资、服务,也涉及法律或规章制度的偏向、购销过程中的差别待遇等。竞争中立规则之滥觞是澳大利亚的国有企业改革,后随着全球国有企业势力日盛一日,竞争中立规则开始被越来越广泛地提及和延展。然而,国际上各主体提出的竞争中立立场却各有不同。仅国有企业界定而言,澳大利亚本国内的主张是以“商业行为”为据,而非所有权,而美国的主张是以所有权和政府影响力为据,甚至提出国有资本占20%以上的就视为国有企业。美国更是契跨太平洋伙伴关系协定(TPP)谈判之机,试图将自己的竞争中立立场强加于他人,然而其主张并未完全被该协定采纳。TPP最后的成型文本将界定国有企业的股本比例提高至50%。此外,TPP竞争中立章节,诸如信息披露要求,也很是严苛。竞争中立规则在中国尚处于萌芽状态,分别投射在国企分类改革、自贸区建设、竞争法中。但现实情况是,仅凭竞争法不足以规制国有企业的不正当优势,而需要另行制定配套政策。竞争中立规则虽不知何时才会真正演化为通用的国际规则,但美国版或TPP版的竞争中立规则依旧会对中国产生溢出效应。为了避免未来可能遇到的域外投资和贸易协定谈判的障碍,中国应早早确立自己的竞争中立立场。对此,中国可以通过继续在自贸区内先行试验后再行确认。这种试验包括国企分类改革,制定竞争法之外的政策性制度,逐步形成竞争中立机制等。鉴于实践的不确定性,为避免受制于人,中国还应继续保持推进区域贸易的势头,积极主导贸易协定谈判,以占先机。
[Abstract]:Competition rules are designed to ensure that all enterprises enjoy an unfair competitive advantage without non-commercial considerations. The actual adjustment is mainly the behavior of the government and the state-owned enterprises, which involves various non-commercial assistance, such as credit, subsidies, goods, services, the bias of laws or regulations, the differential treatment in the process of purchase and sale, and so on. The origin of the rules in competition is the reform of the state-owned enterprises in Australia. With the increasing power of the state-owned enterprises in the world, the rules of making rules in the competition begin to be more and more widely mentioned and extended. However, the international parties put forward different positions in the competition. In the definition of state-owned enterprises alone, claims within Australia are based on "commercial conduct" rather than ownership, while those of the United States are based on ownership and government influence. Even state-owned capital accounts for more than 20% as a state-owned enterprise. The United States is also an opportunity to negotiate the Trans-Pacific Partnership (TPP), trying to impose a position on others in its own competition. However, its claim was not fully adopted by the agreement. The final version of the TPP would raise the share of equity of state-owned enterprises to 50. In addition, the TPP competition section, such as disclosure requirements, is also harsh. The rules of competition are still in their infancy in China, which are projected in the classification reform of state-owned enterprises, the construction of free trade zones and the competition law. However, the reality is that competition law alone is not enough to regulate the unfair advantages of state-owned enterprises, and other supporting policies are needed. While it is not clear when the rules will really evolve into universal international rules, the U.S. version or TPP version will still have spillover effects on China. In order to avoid the obstacles to the negotiation of foreign investment and trade agreements in the future, China should establish its own stand in competition early. China can confirm this by continuing to test in the Free Trade area first. Such experiments include the reform of the classification of state-owned enterprises, the formulation of policy systems outside competition law, and the gradual formation of a mechanism for the establishment of competition. In view of the uncertainty of practice, in order to avoid being controlled by others, China should continue to maintain the momentum of promoting regional trade and actively lead the negotiation of trade agreements in order to seize the first chance.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F744

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