國有企業(yè)私有化反補貼問題研究
發(fā)布時間：2018-10-20 08:05
【摘要】：國有企業(yè)私有化是指西方的國有企業(yè)在改革過程中將國有企業(yè)以股份、債券等形式出售給私人,它不同于我國作為社會主義國家的國有企業(yè)改制。但是企業(yè)由國營到私營的轉變都是其中重要的內(nèi)容。國有企業(yè)私有化通常意味著曾經(jīng)享受補貼的國有企業(yè)經(jīng)過私有化成為獨立的市場主體,不再接受任何補貼。當今世界經(jīng)濟一體化迅速發(fā)展,各國貿(mào)易交往甚密,貿(mào)易保護主義嚴重滋長,與國有企業(yè)私有化有關的反補貼成為各國爭議的焦點。而國際上WTO法律框架內(nèi)也沒有對私有化后的國有企業(yè)適用反補貼措施的具體規(guī)定,這使得各國對于國有企業(yè)私有化后的新實體采取反補貼措施具有了主觀性和隨意性,同時也成為了部分國家保護本國相關產(chǎn)業(yè)的借口,破壞了公平的市場競爭秩序。 為防患于未然,積極應對并妥善處理世界貿(mào)易大國可能對我國發(fā)起的反補貼浪潮,認識并理解WTO法律框架內(nèi)規(guī)制的“補貼”與“反補貼”,學習西方有關國有企業(yè)私有化的反補貼相關案例,防范我國國有企業(yè)改制后產(chǎn)品出口可能遭受的反補貼訴訟浪潮,靈活運用補貼政策,發(fā)展我國市場經(jīng)濟,維護國家經(jīng)濟利益和社會穩(wěn)定是非常必要的。 本文以實證分析為主要的研究方法,參考借鑒了美國商務部、國際貿(mào)易法院及WTO的相關案例,綜合運用比較分析、條約解釋,在理解運用補貼與反補貼的一般理論,深入研究美國和WTO關于國有企業(yè)私有化反補貼訴訟司法實踐的基礎上,探討給我國國有企業(yè)改制可能涉及的反補貼相關問題帶來的啟示。 本文分為四個部分： 第一部分是對國有企業(yè)私有化進行概述。介紹西方國有企業(yè)私有化出現(xiàn)的原因、形式,然后簡單歸納出西方國有企業(yè)私有化遭遇反補貼訴訟的案例。 第二部分是對有關補貼與反補貼的一般理論介紹。補貼與反補貼的定義、特征、分類、對公平貿(mào)易的影響,以及WTO法律框架下對于補貼和反補貼的規(guī)制,這些理論上的闡述都是為后面深入分析案例做好的前提準備。 第三部分是整個論文的“重心”,是文章架構的核心。國有企業(yè)私有化反補貼問題研究的重點就是對補貼利益的剖析,只有對“補貼利益”的透徹認識,才能在反補貼訴訟中提供有力證據(jù)獲得勝訴。對于補貼利益的認識,本文從認定的角度,認定的基準以及其在反補貼制度中的重要地位來凸顯其在案例中的證明力。之后以補貼利益為主線,從美國的司法實踐和WT0的司法實踐中,選取多個典型案例,對裁定的結果進行評析,總結出美國和WT0的補貼認定方法。 最后一部分在簡要介紹我國國有企業(yè)面臨的反補貼形勢的基礎上,提出了對政府和企業(yè)的若干建議。
[Abstract]:The privatization of state-owned enterprises (SOEs) refers to the sale of state-owned enterprises to private individuals in the form of shares and bonds in the course of reform, which is different from the restructuring of state-owned enterprises in China as a socialist country. But the transformation of enterprises from state to private is an important part of it. Privatisation of state-owned enterprises usually means that once subsidised state-owned enterprises become independent market entities and no longer accept any subsidies. Nowadays, with the rapid development of the world economy, the trade exchanges between various countries are very close, and the trade protectionism is growing seriously, the countervailing related to the privatization of the state-owned enterprises has become the focus of controversy in various countries. However, there is no specific stipulation of countervailing measures applied to the state-owned enterprises after privatization in the international legal framework of WTO, which makes it subjective and arbitrary for countries to take countervailing measures to the new entities after the privatization of state-owned enterprises. At the same time, it has also become an excuse for some countries to protect their related industries, undermining the fair market competition order. In order to prevent trouble, to deal with the countervailing tide that the world trade big country may initiate to our country, to understand and understand the "subsidy" and "countervailing" within the legal framework of WTO. Learn from the relevant cases of privatization of state-owned enterprises in the West, guard against the wave of countervailing litigation that may be suffered by the export of products after the reform of the system of state-owned enterprises in China, and flexibly apply the subsidy policy to develop our market economy. It is very necessary to safeguard the national economic interests and social stability. In this paper, the empirical analysis as the main research method, referring to the relevant cases of the United States Department of Commerce, International Trade Court and WTO, comprehensive use of comparative analysis, treaty interpretation, in understanding the use of subsidies and countervailing general theory, On the basis of deeply studying the judicial practice of the privatization countervailing litigation of the state-owned enterprises in the United States and WTO, this paper probes into the enlightenment to the countervailing problems that may be involved in the reform of the state-owned enterprises in our country. This paper is divided into four parts: the first part is an overview of the privatization of state-owned enterprises. This paper introduces the reasons and forms of privatisation of western state-owned enterprises, and then generalizes the cases of countervailing litigation in the privatization of western state-owned enterprises. The second part introduces the general theory of subsidy and countervailing. The definition, characteristics, classification, impact on fair trade and the regulation of subsidies and countervailing under the framework of WTO are all prepared for the further analysis of cases. The third part is the center of gravity of the whole paper, which is the core of the structure of the article. The focus of the research on the privatization countervailing problem of state-owned enterprises is the analysis of subsidy interests. Only through a thorough understanding of "subsidy interests" can we provide sufficient evidence to win the countervailing action. For the understanding of subsidy interest, this paper highlights its proof power in case from the point of view of cognizance, the standard of recognition and its important position in the countervailing system. Then, taking subsidy interests as the main line, from the judicial practice of the United States and the judicial practice of WT0, this paper selects several typical cases, evaluates the results of the ruling, and sums up the methods for the determination of subsidies in the United States and WT0. In the last part, on the basis of brief introduction of the countervailing situation faced by state-owned enterprises in China, some suggestions to the government and enterprises are put forward.
【學位授予單位】：西南政法大學
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D996.1
本文編號：2282547
[Abstract]:The privatization of state-owned enterprises (SOEs) refers to the sale of state-owned enterprises to private individuals in the form of shares and bonds in the course of reform, which is different from the restructuring of state-owned enterprises in China as a socialist country. But the transformation of enterprises from state to private is an important part of it. Privatisation of state-owned enterprises usually means that once subsidised state-owned enterprises become independent market entities and no longer accept any subsidies. Nowadays, with the rapid development of the world economy, the trade exchanges between various countries are very close, and the trade protectionism is growing seriously, the countervailing related to the privatization of the state-owned enterprises has become the focus of controversy in various countries. However, there is no specific stipulation of countervailing measures applied to the state-owned enterprises after privatization in the international legal framework of WTO, which makes it subjective and arbitrary for countries to take countervailing measures to the new entities after the privatization of state-owned enterprises. At the same time, it has also become an excuse for some countries to protect their related industries, undermining the fair market competition order. In order to prevent trouble, to deal with the countervailing tide that the world trade big country may initiate to our country, to understand and understand the "subsidy" and "countervailing" within the legal framework of WTO. Learn from the relevant cases of privatization of state-owned enterprises in the West, guard against the wave of countervailing litigation that may be suffered by the export of products after the reform of the system of state-owned enterprises in China, and flexibly apply the subsidy policy to develop our market economy. It is very necessary to safeguard the national economic interests and social stability. In this paper, the empirical analysis as the main research method, referring to the relevant cases of the United States Department of Commerce, International Trade Court and WTO, comprehensive use of comparative analysis, treaty interpretation, in understanding the use of subsidies and countervailing general theory, On the basis of deeply studying the judicial practice of the privatization countervailing litigation of the state-owned enterprises in the United States and WTO, this paper probes into the enlightenment to the countervailing problems that may be involved in the reform of the state-owned enterprises in our country. This paper is divided into four parts: the first part is an overview of the privatization of state-owned enterprises. This paper introduces the reasons and forms of privatisation of western state-owned enterprises, and then generalizes the cases of countervailing litigation in the privatization of western state-owned enterprises. The second part introduces the general theory of subsidy and countervailing. The definition, characteristics, classification, impact on fair trade and the regulation of subsidies and countervailing under the framework of WTO are all prepared for the further analysis of cases. The third part is the center of gravity of the whole paper, which is the core of the structure of the article. The focus of the research on the privatization countervailing problem of state-owned enterprises is the analysis of subsidy interests. Only through a thorough understanding of "subsidy interests" can we provide sufficient evidence to win the countervailing action. For the understanding of subsidy interest, this paper highlights its proof power in case from the point of view of cognizance, the standard of recognition and its important position in the countervailing system. Then, taking subsidy interests as the main line, from the judicial practice of the United States and the judicial practice of WT0, this paper selects several typical cases, evaluates the results of the ruling, and sums up the methods for the determination of subsidies in the United States and WT0. In the last part, on the basis of brief introduction of the countervailing situation faced by state-owned enterprises in China, some suggestions to the government and enterprises are put forward.
【學位授予單位】：西南政法大學
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D996.1
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