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从聚焦于国企改革的国内法,到转向规范政府及国企行为的双边、多边贸易投资新规则,竞争中立制度的演进及其实践背后本质上是国际竞争新情势下各国对制度竞争的强化与博弈。竞争中立制度已产生重大影响,势将成为主导性的新国际规则。但澳大利亚模式、欧盟模式和美国模式的并存及其差异展现出复杂动因和差异化影响,规则的多极化也为各国综合考量及合理因应提供了时间和空间。面对竞争中立制度的扩张,我国应通过内外并重提升制度竞争力,特别是以竞争为基准、以规范政府角色和行为为核心,完善国企改革政策、产业政策、竞争政策及相应法制,构建由竞争评估、竞争倡导、竞争执法与司法构成的完整实施机制,通过自贸试验区引入并创新竞争中立规则,引领和参与双边、多边竞争中立规则的制定与实施以及规则平台的构建与推广。
From the domestic laws that focus on the reform of state-owned enterprises to the new rules of bilateral and multilateral trade and investment that regulate the behavior of government and state-owned enterprises, the evolution of the system of competition neutrality and its practice are essentially the intensification and game of institutional competition by all countries in the new situation of international competition . The system of competition neutrality has had a significant impact and will become the leading new international rule. However, the coexistence of the Australian model, the European model and the American model and their differences show complex motivations and differential effects. The multipolarization of rules also provides time and space for comprehensive consideration and reasonable response of all countries. In the face of the expansion of the system of competition neutrality, our country should improve the system competitiveness both by domestic and foreign countries, especially on the basis of competition, and at the core of regulating the government’s role and behavior, perfect the reform policies of state-owned enterprises, industrial policies, competition policies and corresponding legal systems, Competition evaluation, competition advocacy, competition law enforcement and judicatory constitution, introducing and innovating the competition neutral rules through the pilot free trade zone, leading and participating in the formulation and implementation of the bilateral and multilateral competition neutral rules and the construction and promotion of the rules platform.