摘要: |
TPP第17章“国有企业和特许垄断”中针对国有企业规定了一系列高标准的义务要求,旨在营造国有企业和私营企业公平竞争的环境。其中,第17.1条规定了何种企业应界定为受TPP竞争中立规则约束的对象。一旦中国加入TPP这类包含竞争中立规则的协定,确实会给中国带来一定的挑战,前提是有大量的企业属于TPP语境下的国有企业。本文结合近年中国的A股上市公司数据,分析其与 TPP国企界定标准的契合度,考察将会有多少企业受到TPP竞争中立规则的约束。研究表明,TPP国企界定的“股权标准”、“表决权标准”和“任命权标准”的独立性并未得到体现,越来越少的中国上市公司符合TPP国企界定的标准。 |
关键词: TPP竞争中立规则 国有企业界定 中国上市公司 |
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Research on the Definition of SOEs in TPP and Conformity of China’s Listed Companies: Evidence from China’s A-share Listed Companies |
YU Ye |
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Abstract: |
In TPP Chapter 17“State-owned Enterprises and Designed Monopolies”, there are a series of obligation regulations which are of high level standard, regarding state-owned enterprises (SOEs) and aiming at keeping a level-playing field in markets by regulating the behavior of TPP parties and their SOEs. Article 17.1 stipulates the definition of the objects that are restricted by the TPP competitive neutrality. Once China joins the Agreements requiring TPP competitive neutrality, there will definitely be some challenges that arise from its acceptance. However, the premise is that lots of enterprises are defined as SOEs under the TPP clause. In this paper, the conformity of the Chinese A-share listed companies and the defining standards of state-owned enterprises were investigated through analysis of recent data, in order to explore how many Chinese enterprises the TPP competitive neutrality will restrict. The study shows that the independence of judgment criteria of right to eguity, vote and appointment is not fully embodied in TPP, and fewer Chinese listed companies will conform to such criteria. |
Key words: TPP competitive neutrality definition of state-owned enterprises Chinese listed companies |