A Study On Competitive Neutrality System In Economic Law

Competitive neutrality means that the state does not treat each other equally when it comes to market competition,and state-owned enterprises are not allowed to gain any competitive advantage over other enterprises solely because of public ownership.The system of competitive neutrality originated from the practice of domestic law in western countries,and has become an important system design with international influence after the promotion of international economic organizations and international agreements.The system of competition neutrality emphasizes that the enterprise forms with different capital attributes should compete fairly,and opposes the government to impose unfair competitive advantages on state-owned enterprises,which has an obvious impact and challenge on the operation of state-owned enterprises in China.Since China’s reform and opening up,the reform of state-owned enterprises,the reform of mixed ownership,and the reform practice of promoting fair competition between state-owned enterprises and private enterprises in recent years all coincide with the basic spirit of competition neutrality system.However,the operation of state-owned enterprises in China emphasizes both commercial and public welfare functions,so it is necessary to give some preferential treatment and support in order to promote the performance of public welfare functions of state-owned enterprises,which is in contradiction with the competitive neutrality system.According to the basic requirements of the classified reform of state-owned enterprises,we should construct a competitive neutral system that meets the practical needs of China.On the one hand,the "separation of accounts" system should be implemented in the functional commercial state-owned enterprises.On the other hand,the principle of "commercial consideration" should be established in the operation of competitive commercial state-owned enterprises.As for the operation of public welfare,the competitive neutrality system should be limited,the anti-monopoly law should be granted to public welfare and the public control system and information disclosure system should be strengthened.In addition,we should also implement the reform of supporting systems: we should amend the relevant contents of the Anti-Monopoly Law,clarify the connotation and requirements of the competition neutrality system in the legislation,and strengthen the implementation mechanism of the fair competition review system.