竞争中立原则对我国国有企业海外投资的影响及应对

发布时间：2018-02-13 16:29

本文关键词： 竞争中立原则海外投资国有企业　出处：《河北经贸大学》2017年硕士论文　论文类型：学位论文

【摘要】：最近几年,随着经济全球化的深入发展,在国际投资领域,新兴经济体的国有企业海外投资不断得到世人的关注。为了抑制外资涌入带来的产业冲击,以美国为首的发达资本主义国家曾用国家安全制度审查来排斥新兴经济体尤其是我国外资的进入,但该制度带有明显的政治因素,并一度被扭曲。为了维护国际投资领域的公平竞争环境以及国内经济秩序,以美国为首的发达资本主义国家力推竞争中立原则来阻碍我国国有企业的海外投资进程。竞争中立原则倡导国有企业和私有企业在公平的环境下竞争,而我国国有企业因为享有政府的特殊待遇,存在不中立的现象,因此竞争中立原则很可能成为我国国有企业进入他国市场投资的资格性审查障碍。随着国际社会对竞争中立原则的普遍重视,我国有必要重视、研究、分析竞争中立原则,理清竞争中立原则的发展历程以及明确适用范围,评估竞争中立原则对我国国有企业海外投资的影响,以期未雨绸缪,尽快制定应对竞争中立原则审查的有效对策,为我国国有企业海外投资奠定坚实的法律依据和营造良好的市场投资氛围。除此之外,随着美国特朗普上台宣布退出TPP协议(跨太平洋伙伴关系协议),我国更应该抓住此次机遇研究制定符合中国版的竞争中立原则,以期获得国际投资规则的话语权。本文共分为四个部分。第一部分主要阐述关于竞争中立原则的国内外研究现状,对竞争中立原则做初步的探究,为本文的论述提供理论依据。第二部分论述了竞争中立原则的概述包括竞争中原则的源起、竞争中立原则的域外法律实践以及对该原则的评析。第三部分论述了海外投资涉及的法律关系,以及通过阐述“走出去”战略、“一带一路”战略分析我国对外投资战略的成效以及海外投资的障碍。第四部分论述了基于我国国有企业现状对竞争中立规则的评估涉及阐述我国国有企业的主体适格,国有企业的透明度审查条款,国有企业补贴等内容。另外论述了竞争中立原则对我国国有企业海外投资影响的双重性。包括积极影响比如为打开国外市场提供理论支持和消极影响比如成为市场准入的新门槛,威胁国有企业已有的海外投资,扩大外来竞争者劣势。第五部分主要论述了我国国有企业应对竞争中立原则审查的对策。首先为深化我国国有企业制度改革提出具体措施,包括深化我国国有企业制度改革,建立国企分类管理机制,规范补贴模式及优惠政策,建立合理过渡期。其次提出国内法律规范改进措施包括增加透明度审查条款,完善海外投资保险制度,建立竞争评估审查制度。最后提出国际层面建议包括构建中国版竞争中立原则,争取国际规则制定话语权。
[Abstract]:In recent years, with the deepening development of economic globalization, in the field of international investment, the overseas investment of state-owned enterprises in emerging economies has been attracting more and more attention. In order to curb the industrial impact caused by the influx of foreign capital, The developed capitalist countries, led by the United States, once used the national security system review to exclude the entry of emerging economies, especially foreign capital from China, but the system had obvious political factors. In order to maintain a level playing field for international investment and the domestic economic order, The developed capitalist countries, led by the United States, have pushed forward the principle of competition in order to hinder the process of overseas investment of our state-owned enterprises. The principle of competition in the middle of competition advocates the competition between state-owned enterprises and private enterprises in a fair environment. However, because the state-owned enterprises in China enjoy special treatment from the government, they are not neutral. Therefore, the principle of competition in competition is likely to be the obstacle of qualification examination for state-owned enterprises to invest in the market of other countries. With the universal attention of the international community to the principle of establishment of competition, it is necessary for our country to pay attention to, study and analyze the principle of establishing principle in competition. This paper clarifies the course of development and the scope of application of the principle in competition, evaluates the influence of the principle on the overseas investment of state-owned enterprises in our country, in the hope of making good plans ahead of time and formulating effective countermeasures to review the principle of principle of competition in competition as soon as possible. To lay a solid legal basis for overseas investment of state-owned enterprises in China and to create a good atmosphere for market investment. In addition, With the US Trump coming to power to announce his withdrawal from the TPP agreement (Trans-Pacific Partnership Agreement), China should seize the opportunity to study this opportunity to formulate a competitive neutral principle in line with the Chinese version. This paper is divided into four parts. The first part mainly expounds the domestic and foreign research status of the principle of competition, and makes a preliminary exploration of the principle of the establishment of competition. The second part discusses the outline of the principle of competition, including the origin of the principle of competition. The Extraterritorial legal practice of the principle of legislation in Competition and its Analysis. The third part discusses the legal relations involved in overseas investment. And through expounding "going out" strategy, "Belt and Road" strategy analyzes the effect of our country's foreign investment strategy and the obstacle of overseas investment. Part 4th discusses the comment on the rules of competition based on the present situation of china's state-owned enterprises. The evaluation involves the elaboration of the subject suitability of the state-owned enterprises in China. Transparency Review provisions for State-owned Enterprises, In addition, it discusses the duality of the influence of the principle of competition on the overseas investment of our state-owned enterprises, including positive effects such as providing theoretical support for opening up foreign markets and negative effects such as becoming a market. The new threshold for market access, The 5th part mainly discusses the countermeasures of our country's state-owned enterprises in response to the principle examination in competition. Firstly, it puts forward some concrete measures for deepening the reform of the state-owned enterprise system in our country. It includes deepening the reform of the state-owned enterprise system, establishing the classified management mechanism of state-owned enterprises, standardizing the subsidy model and preferential policy, and establishing a reasonable transitional period. Secondly, the improvement measures of domestic laws and regulations, including increasing the transparency review clause, are put forward. Finally, the author puts forward some suggestions at the international level, including the construction of the Chinese version of the principle of competition, and the right to speak for international rules and regulations.
【学位授予单位】：河北经贸大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D996.4

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