Research On The Law Of State-owned Enterprise Reform From The Perspective Of Competition Neutrality

In recent years,state-owned enterprises have been playing an important role on the road of economic system reform,and their development has always been the focus of attention of people from all walks of life.In particular,state-owned enterprises have greatly affected the market competition order in obtaining non-market competitive advantages.In order to maintain a good market competition mechanism,it is not only necessary for the government to actively prevent and stop the implementation of monopolistic behavior,but also for the government to be strict with itself,prohibit abuse of power,and eliminate competition.Such a realistic internal demand determines that China needs to introduce a competition neutral policy.During the important phase of China’s economic transformation and the implementation of the "going out" strategy,the reform of state-owned enterprises is also inevitable in access system.and there is a relatively serious phenomenon of ownership discrimination.State-owned enterprises have more competitive than other enterprises,which is like in the acquisition of resources,obtaining at a low price or even free of charge is a snap.For the projects that require huge investment,governments would engage significant amount of special government funding for them.The substantive protection of state-owned enterprises by the state clearly deviates from the original intention of market-oriented reforms,which is the fundamental reason why state-owned enterprises are currently out of harmony with the market economy mechanism.Therefore,following the leadership of the Central Bank and the State Administration of Market Supervision,they have stated that they should adopt a competition-neutral policy.Experts from the Anti-Monopoly Committee of the State Council proposed that they should conduct in-depth research,actively implement a competition-neutral system that meets China’s needs,and use market and law to stabilize confidence.This paper combs the origin,development and legal basis of competition-neutral policy,analyzes the history and advantages of China’s state-owned enterprise reform legal system,combines the application status and impact of competition-neutral policy in China,and summarizes the actual needs and competition based on the pilot of Shanghai Free Trade Zone The need for neutrality.Taking institutional innovation and design as the starting point,it is guided by improving government functions,promoting mixed reforms,and accelerating the separation of government functions.The competition neutrality policy requires advocating the establishment of a legal system that applies equal competition,perfecting the administrative control of antitrust laws,and strengthening control over government actions.On all accounts,the focus can be on the optimization of the competition legal system with the antitrust law at its core along the deepen way of the reform of state-owned enterprises,which is relative to the original intention of the legal economy—practicing the market economy.