环境规制与公平竞争:理论逻辑、现实解析及协调思路——基于异质性企业的视角

Environmental Regulations and Fair Competition:Theoretical Logic,Realistic Analysis,and Harmonization IdeasFrom the Perspective of Heterogeneous Firms

在公平竞争理念已成为全社会基本共识的情形下,其与环境规制的关系少有涉及和探讨。为此,文章首先厘清了环境规制与公平竞争之间关系的理论逻辑,接着基于异质性企业视角,从规制立法并未考虑企业的异质性、规制执法的选择性和偏向性、作为市场主体不正当竞争的工具、促使企业向规制强度较弱地区转移四方面归纳了环境规制影响公平竞争的具体路径。随后从现实原因与理论症结层面解析二者相冲突的深层次原因,发现规制方式不完善、地方执法机构专业性与独立性缺乏、规制理论并未包含公平竞争是造成此现象的根源所在。最后提出须通过在环境规制中引入公平竞争、基于企业的异质性完善既有规制方式、提高环境规制机构的专业性与独立性、协调区域间环境规制政策四个途径对二者的关系加以改进。文章为在环境规制领域践行公平竞争理念提供了理论参考和现实路径。

Ensuring that different market economic participants have an equal competitive standing is a prerequisite for maintaining the normal development of the market economy and creating a free and healthy business environment.In the case that the concept of fair competition has become the basic consensus of the whole society,the impact of environmental regulations on the market competition environment and competitor behaviors reveals many conflicts with fair competition principles.However,the relationship between the two has not received sufficient theoretical consideration and empirical exploration in the literature.Based on the above,this paper first presents the theoretical logic of the intrinsic connection between environmental regulations and fair competition.Then,from the perspective of heterogeneous firms,it summaries specific pathways through which environmental regulations affect fair competition:regulatory legislation that does not consider firm heterogeneity,selectivity and bias of regulatory enforcement,regulations being used as a tool for unfair competition,and inducing firms to relocate to regions with weaker regulatory intensity,which reflects the necessity of practicing fair competition in environmental governance.Subsequently,this paper delves into the deeper reasons for conflicts between the two from practical and theoretical levels.It identifies imperfections in regulation modes as a direct cause of unfair competition.The lack of professionalism and independence in local regulatory agencies exacerbates this situation,which can be attributed to the fundamental issue that fair competition has not been explicitly included at the theoretical level.Finally,this paper proposes solutions from four aspects:introducing fair competition into environmental regulations,refining existing regulation modes based on firm heterogeneity,enhancing the professionalism and independence of local environmental regulatory agencies,and coordinating regional regulation policies,so as to ensure the full integration of fair competition principles throughout the process of environmental regulations.