我国市场准入制度中的所有制歧视分析

An Analysis of Ownership Discrimination in China's Market Access System

市场准入制度是政府干预、调控经济的重要手段,也是市场经济制度体系中不可或缺的组成部分。然而,也因为准入是对市场自由的干预,所以市场准入制度必须建立在合理、公平的基础之上。我国近年来对市场准入的改革是逐步放宽市场准入标准,实现市场准入的公平。但现实的状况是,民营企业依然难以享受与国有企业同等的待遇。在市场准入制度中,民营企业受到了大量来自政府的所有制歧视。这其中,包括立法层面的所有制歧视,即部分法律政策仅允许国有企业进入特定市场;也包括执法层面的所有制歧视,即管制机构在实施法律过程中的"滥权"与"越权"行为。所有制歧视严重破坏了市场公平竞争,是国家亟待解决的问题。

The market access system is not only an important means of government intervention and economic regulation, but also an essential component in the market economic system. However, since the market access admission is an intervention in the market freedom, the market access system must be built on the reasonable and fair basis. In recent years, China＇s reform on market access is to gradually relax the control over market access, so as to realize the fairness in market access. But the reality is that private enterprises are still difficult to enjoy the same treatment as state-owned en- terprises. In the market access system, private enterprises have experienced a lot of ownership discrim- inations from the government. Those discriminations include not only the ownership discrimination on the legislative level, i.e., a part of the legal policies allow only state-owned enterprises to enter cer- tain markets, but also the ownership discriminatory on the law enforcement level, i.e., the regulatory agencies have ＂abuse of power＂ and ＂ultra vires＂ behaviors in the implementation of the law. The ownership discrimination seriously undermines the fair competition in the market, thus it should be re- solved urgently by the government.