Reform of chinese state-owned enterprises:

por BAI, Xue
[ Livros ] Publicado por : Institute of Competition Law - Concurrences, (Nova York:) Detalhes físicos: 277 p. Ano: 2023 Tipo de Material: Livros
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Table of Contents
List of Figures
List of Tahle
Acronyms and Abbreviations

Chapter 1
1.1 Research Aim and Question
1.2 Outline of Research Methodology
1.2.1 Comparative Analysis Approach Functional approach
1.2.2 State Capture Theor
1.2.3 InterdiscipIinary Approach
1.2.4 Research Data Collection
1.3 Outline of the Book

Chapter 2
Background Context and Definitions
2.1 Kev Definitions
2.1.1 The Concept of Chinese SOEs
Operational Form of Chinese SOEs
Unincorporated SOEs
Incorporated SOEs
Types of SOEs in China
Industrial SOEs. Financial SOEs
and ther Specialised SOEs
Commercial SOEs and Publie welfare SOEs
The Concept of Commercial Activities of SOEs
2.1.2 The Concept of Competition Lmk and Competition Policy
General Discussion of Competition Policy
The Concept of Competition Policy in China
First Layer of Competition Policy
Second Laycr of Competition Policy
Third Layer of Competition Policy
2.2 The Meaning of Competitive Neutrality
2.2.1 Competitive Neutrality in Domestic Context..
2.2.2 Competitive Neutrality in lntrnational Context
2.2.3 The Concept of Competitive Neutralit in this Research
2.14 Competitive Neutrality Concerns Caused by SOEs
Competitive Neutrality Advantages of SOEs
Competitive Neutrality Disadvamages oíSOE
2.3 Background Context to Lnderstanding SOEs in China
2.3.1 Political Context of China
2.3.2 Economic Contem of China
2.3.3 Goernance Strucwre in China
National Peopl&s Congress of the PRC
State Council
2.4 Conclusion

Chapter 3
Understanding the Reform of SOEs in China
3.1 Historical Role of SOEs in China (1978-2012)
3.1.1 First Phase of SOE Reform (1978-1986)
3. 1.2 Second Phase of SOE Reform (1987-1992)
Industrial Enterprises Owned b the Whole People
3.1.3 rhird Phase in Estahlishing Modern Enterprise Reforrn
Incorporation ofiridustrial SOEs
Party Presence in Incorporated SOEs
Privausation of industrial SOEs
Concluding Commenis
3.1.4 Fourth Phase in lhe Management of State Assets (2003-2012)
The (Jnership Agency: SASAC
Part Presence in Incorporatcd SOEs
Concluding Comments
3.2 Making Sense ofthe Current SOE Refrrns (2013-Present)
3.2. 1 The General Picture
3.2.2 Classify ing Comercial SOEs and Public Welfare SOEs
3.2.3 Improvíng The Goernance of SOEs
Party Presence in the lncorporated SOEs
Cross-Appointnieni System
3.2.4 Balancing Mixed Ownership Reform with State Asscts Protection
100% Privately Owned Firms
Minority Govemment Ownership
Yunnan Baiyao Holdings Case
Majoritv Govemment Ownership
China Unicom's Mixed Ownership Reform Case
100% Goveernrnent Oncrship
Jiangxi Salt company Case
Concluding Comem s
3.2.5 Upgrading State Asset Supervision System
3.3 Conclusion

Chapter 4
A Comparative Analysis of Australia's Responses to the Competitive Neutrality Problems Caused by SOEs
4.1 Introduetion
4.2 Recognition of Competitive Neutrality Concerns of SOEs in Australia
4.2.1 Inadequate Coverage of Competition legislation
4.2.2 Cornpetitive Neutrality Advantages of SOEs
4.2.3 Cornpetitive Neutrality Disadvantages of SOFs Identified in the hilmer Review
4.3 Rationale for Solving the Competitive Neutrality Concerns Of SOEs in Australia
4.3.1 Efficiency Objective
4.3.2 Fairness Objective
4.4 Regulating SOEs Under the Competition Law
4.4.1 Brief History of Cornpetition Legislation in Australia
4.4.2 Amending Lhe Constitutional Limitations
4.4.3 Statutor Femptions
4.4.4 Refining Lhe Application oCrown Iininunit
4.5 Formation of Competitive Neutrality PoIicy
4.5.1 Brief Overview of National Competition Policy Framcwork
4.5.2 Contractual Competitive Neutrality Cornmitnients
4.5.3 ElementsofCompetitic Neutrality Commitments
Taxation Neutrality Commitment
Debt Neutrality Commitment
Regulatory Neutrality Commitment
Commercial Rate of Return Cornrnitment
4.5.4 Competitive Neutrality Policy Developments
Since the Hilmer Review
Competition and Infrastructure Reform Agreement
Harper Review
Intergovernmental Agrcement on Competition and Productivity-Enhancing Reforms
4.6 Conclusion

Chapter 5
Preliminary Analysis of Competitive Neutrality Concerns in China
5.1 Literature on Competitive Neutrality Concerns caused by Chinese SOEs
5.1.1 Overview of the Findings Political SOEs
5. 1.2 Review of the literature on Competitive Neutrality Concerns caused by Chinese SOEs
5.2 Suspected Competitive Neutrality Advantages of Chinese SOEs
5.2.1 Competitive Ad antages of Chinese SOEs in Relation tu Regulation
The Influence of SOEs in the Law-Making Process
The Influence of SOEs in the Making of the AML
The !nfluence of SOEs in the Law Enfbrcement Stage
Section Conclusion
5.2.2 Competitive dvantages in Relation to Land
Chinas Land Situation Overview
Acquiring Urban LURs in the Prirnary land Market
Allocations (Hua BO)
Transferring (Chu Rang)
Crowding Out of Non-SOEs in the Prirnary Markct
Lower Land Price from Government Authorities
To Obtain LURs
Higher Land Price to Obtain LURs
Acquiring LURs in the Prirnary Land Market.
Section Conclusion
5.2.3 Competitive Advantages ofChinese SOEs in Relation
To Oblaining E.oans
China's Banking Sector Overview
Access to Bank Loans from State-Owned Banks by SOEs
SOEs' Lending lnterest Rates
Section Conclusion.
5.3 Suspected Competitive Neutrality Disadvantages
5.3.1 Role of the Parts Committee in SOEs
5.3.2 Non-Comrnercial Obligations of SOEs
1 Iighcr Corporate Social Responsihility of SOEs
5.4 Conclusion

Chapter 6
A Critica] Evaluation of China's Response to the Lack of Competitive Neutraiitvin lhe Market
6.1 Regulating Chinese SOEs Under the A\IL
6. 1.1 General Pictureof the ANIL
6.1.2 Exemptions to SOEs in the ANIL
Does Article 8 exempt SOEs?
Do Sectoral Exernpt SOEs?
Lex Specialis Principie
Do Sectoral Regulations Exempt SOEs?
Does Industrial Policy Exempt SOEs?
6.2 Main Issues with the AML Enforcement Against SOEs
6.2.1 Competition Enforcement Authorities of the AMl
Anti-Monopoy Comrnission
State Administration for Market Regulation
State Anli-Monopoly Bureau
6.2.2 Merger Enforcernent and the Concentration of Central SOEs
Cleared Mergers of Central SOEs
Uncleared Mergers ofCent.ral SOEs
6.2.3 Non-Merger Enforcement of SOEs
Shanxi Electric Power Association Case
6.3 Regulating Chinese SOEs Under the Competition Policy
6.3.1 Fair Competition Review System 'Fair' Competition
6.3.2 Implementation of the FCRS
6.3.3 The FCRS and Administrane MonopoI
63,4 The FCRS and Competitive Neutrality
6.4 Conclusion

Chapter 7
Implementation ofCompetitive Neutrality Policy in Australia
7.1 Scope of Cornpetitie Neutrality Policy.
7.1.1 Significa.nt (kernmcnt t3usines.Actiu test
Governrnent Business Actiity test
Bureau of Meteorolog
Australian protective Service
Signiticant gioverment business .Active test
Govemment Husincss Active Deerned to be Signilicant.
Govemmern Husiness Activits Identified as Signiftcant.
7. 1 .2 Public lntetest test
Australian Hearing.
Approaches to Applying the Public Interest Test
Ex-Ante Approach of Public Interest Test
Ex-post .Approach of Public Interest Test
Pelican Park Recreation Centre mn Victoria
Section Conclusion.
7.2 Cornplaint - Handilng Under Competitive Neutrality Policy
7.2.1 Potential Shoncomings of cornplaint Mechanisms
Recommendations of the Harper Review
7.2.2 Cornplaint Handling Procedures initiating Coniphiirus
Investigation of Complaints
7.2.3 Cornplementary Institutions for the Implernentation
Of Competitive Neutrality Polic
National Competition CounciI
the Proposed Australian Council for competition Policy
7.3 Conclusion

Chapter 8
Make Competitive Neutrality Happening in the Chinese
Legal System
8.1 Why Cornpetitive Neutralit is Needed in China
8.2 How AML can Promote Competitive Neutrality in China
8.2.1 Removing Article 8
8.2.2 Review Exemptions in Relation to SOEs in the AML
8.2.3 Improve Anti-Monopoly Enforcement in Relation To SOES
8.2.4 The Question of Introducing Cornpetitive Neutralit
Via the AMI.
8.3 Proposal for Competitive Neutrality Principie in Chinese Competition Policy
8.31 Rationale to Adopt Competitive Neutralit Principie in China
8.3.2 Support from the Party and Government
8.3.3 Element of Competitive Neutrality policy
Regulatory Neutrality
Debt Neutrality
Land Neutrality
Public interest Test
Approach to Applying the Public Interest test
8.3.4 Approach to lntroducing Competitive Neutrality Policy
Irnplementation and Cornplaint - Handling Authoríty.
Narrowing the Scope

Chapter 9
Books and Book Sections
In English
In Chinese
Journal Articies, Reports. and Papers
In English
In Chinese
Legislative Materiais and Policy Documenis
In Engiish
In Chinese
Newspaper Articles and Govemment Releases
In English
In Chinese
Internet Materiais

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