| As an important method to improve the economic efficiency of national defense industry,competition has significant effect for improving the technical content of national defense products and reducing their prices.The national defense industry has extremely high entry barriers,including such factors as capital and technology that enterprises should consider before entering,as well as various potential policy barriers.Under the action of multiple barriers,the national defense industry development shall form a path dependence with natural monopoly characteristics,such path is difficult to be adjusted spontaneously by market forces.Only with the aid of administrative intervention and market coordination can the market efficiency be optimized.Therefore,it is necessary to establish a legal system for competition promotion in the national defense industry.The development experience of major countries and regions in the world indicates that the formation and development of legal system for competition promotion in the national defense industry cannot be accomplished in an action.On the whole,whether in US,EU or China,the defense industry has gone through the course from separation to preliminary combination to deep integration between industry and competition,such course mostly lasts for decades.In the early stage,the general separation has a relatively long period for political,military and economic reasons.Since the American economic policy was influenced by structuralism,it took57 years from formulating Sherman Act to applying it for the first time to the defense industry in 1947.For the reason that EU failed in settling the trade protectionism problems of the member countries and in straightening out the relationship with NATO,EU wobbled for 40-odd years in the exploration of the legal system for competition promotion in the defense industry.For the reasons of political structure and economic system,China’s national defense industry was closed for a long time,it also took more than 40 years from gradually trying to open up.With the constantly deepening of the integration between national defense industry and competition policy,the legal system for competition promotion has produced more obvious influence on the national defense industry,and the period of great adjustment and change of legal system for competition promotion in national defense industry has been continuously shortened.In general,such change takes place in 10-odd years even in several years.From the angle of history,the reform of national defense industry cannot be separated from the legal system for competition promotion,however the particularity of national defense determines that the legal system for competition promotion should play its role in a gradual development way,instead of a too radical way.There are some difference in the adjustment methods for the competition policy of national defense industry and that of ordinary industry.Traditional competition policy mainly includes macro competition advocacy and competition law.As for the national defense industry,besides competition advocacy and competition law,it has unique adjustment method system.Considering the methods of major countries and regions in the world,it usually contains SME support system and competitive procurement system.Firstly,competition advocacy and competition law are adjustment methods that can not be avoided and ignored by any country or region.From the practical situation,because of the powerful position of consumers(national defense organizations),monopoly agreements and abuse of market dominance are not the law enforcement emphasis in European and American countries and regions.Secondly,the civil-military integration represented by the SME support system is also an important measure for various countries to promote the competition in national defense industry.As for the promotion of civil-military integration in US and EU,at the competition policy level the most important thing is to formulate a series of special plans to guide civil enterprises to enter national defense industry,so as to realize effective promotion of competition in national defense industry.Finally,competitive procurement in national defense industry has been generally accepted by major countries and regions around the world.China’s national defense industry competition policy was initiated in 1997 and has made some achievements,but there are many problems and deficiencies,which are reflected in four aspects :(1)lack of scientific market access system for private enterprises;(2)imperfect competitive procurement system(3)lack of sound sme support system;(4)The Anti-Monopoly Law fails to demonstrate its value effectively.In order to effectively overcome the current shortcomings,we should fully learn from the advanced experience of the United States and the European Union.Including :(1)establishing the dominant position of competition policy in national defense industrial policy;(2)To establish a scientific access system for the national defense industry;(3)Establishing a system of compulsory technology transfer in competitive procurement and a more transparent implementation mechanism;(4)Construction of institutional supply in favor of private enterprises and small and medium-sized enterprises. |
