竞争中立视野下的国有企业改革研究

发布时间：2018-04-27 20:45

本文选题：国有企业 + 国企改革　；参考：《安徽大学》2017年硕士论文

【摘要】：竞争中立原则旨在遏制国有企业因其"国有"性质而享有政府所给予的不正当竞争优势,营造公平、公正、自由的竞争环境。竞争中立原则最早是由澳大利亚为了保障政府在从事商业活动时和私有企业公平竞争而设立的,后来经济合作与发展组织(OECD)在此基础上对该原则进行了进一步的拓展,形成了现行的竞争中立原则。随着政治、经济、文化的联系越来越密切,越来越多的国家和国际组织吸收并发展了竞争中立原则,竞争中立原则的影响力也由发达国家扩大到发展中国家。同时,若干国家间缔结的双边、多边贸易协定也引入了竞争中立原则,旨在为所有企业提供公平的竞争环境。妥善解决政府与市场的关系是世界各国政府都面对的问题。国有企业的性质、地位和作用问题,是政府与市场关系问题的核心。完善国有企业治理的法律规范,进一步处理好政府与市场的关系,是国有企业改革的重要内容。竞争中立原则对我国的影响有利有弊。一方面能够为我国国有企业的治理提供新的改革路径的参考,加速国有企业改革,提高国有企业的市场竞争力,推动国有企业发展;另一方面可能会阻碍我国经济的宏观调控,阻碍我国国有企业对外贸易的发展。通过对中国国有企业改革的历史进程和存在的问题分析,可以知道国有企业改革的难点在于国有企业的产权激励不足、责任缺位、行政依赖严重,因此有必要引入竞争中立原则来推动我国国有企业改革的进一步发展。虽然竞争中立原则对我国国企改革的发展有着巨大的推动作用,但是竞争中立原则旨在完全消灭国有企业基于"国有性质"而享有的不正当竞争优势,这与我国的现阶段的经济发展战略存在矛盾。因此,应吸收竞争中立原则中的能够适用我国国企改革的部分,剔除不符合我国国情的内容。第一,借鉴竞争中立原则的相关部分来推动我国国有企业的改革。首先,应当积极完善我国《反垄断法》对国有企业的垄断行为和政府限制竞争行为的相关规定;其次,应当进一步推进国有企业混合所有制的改革;最后,应当加速国有企业分类管理制度和公司管理制度的完善。第二,应当构建符合我国国有企业改革需要的竞争中立制度,确定其适用范围,明确其适用例外,建立完备的审查机制、申诉机制、信息披露机制,为竞争中立原则在我国国企改革的适用提供制度上的支持。第三,应当坚持我国国有企业走出去的发展战略,拓展我国的FTA网络,扩大国有企业的国际影响力。
[Abstract]:The principle of competition neutrality is designed to contain the unfair competitive advantages given by the government for the state owned by the state owned enterprises and to create a fair, fair and free competitive environment. The first principle of competition neutrality was established by Australia in order to ensure the fair competition between the government and private enterprises in business activities. On the basis of this, the development organization (OECD) has further expanded the principle and formed the current principle of competition neutrality. With the closer ties of politics, economy and culture, more and more countries and international organizations have absorbed and developed the principle of competition neutrality, and the influence of the principle of competition neutrality has also been expanded from developed countries to development. At the same time, the bilateral and multilateral trade agreements concluded by several countries have also introduced the principle of competitive neutrality to provide a fair competitive environment for all enterprises. The proper solution of the relationship between the government and the market is a problem facing all the governments of the world. The nature, location and role of the state-owned enterprises are the relationship between the government and the market. The core. It is an important content of the reform of the state-owned enterprises to perfect the legal norms of the governance of the state-owned enterprises and further deal with the relationship between the government and the market. The principle of competition neutrality has advantages and disadvantages to our country. On the one hand, it can provide a new way for the governance of the state-owned enterprises in our country, accelerate the reform of the state-owned enterprises and improve the state-owned enterprises. The market competitiveness will promote the development of state-owned enterprises, on the other hand, it may hinder the macroeconomic regulation and control of China's economy and impede the development of foreign trade of state-owned enterprises in China. Through the analysis of the historical process and existing problems of the reform of state-owned enterprises in China, it is possible to know that the difficulties of the reform of the state-owned enterprises lie in the lack of property rights incentive for the state-owned enterprises. Because of the lack of responsibility and serious administrative dependence, it is necessary to introduce the principle of competitive neutrality to promote the further development of the reform of state-owned enterprises in China. Although the principle of competition neutrality has a great impetus to the development of the reform of state-owned enterprises in China, the principle of competition neutrality aims to completely eliminate the incorrectness of the state owned enterprises based on the "state owned nature". When the competitive advantage is in contradiction with the current economic development strategy of our country, we should absorb the part of the reform of China's state-owned enterprises which can be applied in the principle of competitive neutrality and eliminate the contents that do not conform to the national conditions of our country. First, we should draw on the relevant parts of the principle of competitive neutrality to promote the reform of the state-owned enterprises in our country. China's monopoly law of antimonopoly and the relevant regulations on state owned enterprises and government restrictions on competition. Secondly, we should further promote the reform of the mixed ownership of state-owned enterprises; finally, we should accelerate the improvement of the system of state-owned enterprises' classification management and the management system of the company. Second, we should build up the competition in accordance with the needs of the reform of state-owned enterprises in our country. The system of neutrality, the scope of its application, its application exceptions, the establishment of a complete review mechanism, the complaint mechanism and the information disclosure mechanism, provide institutional support for the application of the principle of competition neutrality in the reform of state-owned enterprises in our country. Third, we should adhere to the development strategy of China's state-owned enterprises going out, expand our FTA network and expand the state-owned enterprises. The international influence of the industry.

【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F276.1;F271

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