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" antitrust law " take care of the key center look forward to to recombine

From;  Author:Stand originally Print】【Close
National endowment appoint be in harmony of director Li Rong points out on the press conference that held recently, state-owned company, especially central enterprise, should abide by more " antitrust law " , accept social all circles supervise. Li Rong be in harmony thinks at the same time, chinese law, especially " constitution " the 7th regulation, want to ensure the development of state-owned economy. Accordingly, this law also has the distinguishing feature of its oneself, the lawful management activity that takes the driver's seat to the state-owned economy of safety of relationship country economy and national economy lifeblood gives protection. It how actuator rules is very important how actuator rules this is afterwards media reports national endowment appoint research center personage expresses national endowment appoint center look forward to recombines is make a decision by the State Council, after needing to be examined through antitrust of Department of Commerce, national endowment appoint top layer comes out first recombine with respect to center look forward to and " antitrust law " the relation undertakes making known one's position. Wet behind the ears " antitrust law " can you be in charge of getting center look forward to? Lishu represents expert of well-known company law solely, basis " antitrust law " regulation, the state-owend enterprise that involves national economy security is bought recombine can enjoy exempt system, do not suffer " abusive market controls a position " wait for a clause to restrict. But regretful is, where home is the enterprise of lifeblood of relation countryman economy, where home is not, " antitrust law " do not have bright show. What to tell us to behavior is to belong to operator concentration only, what behavior is exception was not maintained. So, whether will maintain an enterprise to have " lifeblood of relation countryman economy " position? Professor Li thinks, should execute the law by antitrust the orgnaization will maintain. before media reports " national endowment appoint center look forward to recombines is make a decision by the State Council, do not need to be examined through antitrust of Department of Commerce " view, li Shuguang thinks, examining is must, after examining whether exempt is by execute the law the orgnaization is maintained. "It how actuator rules is very important how actuator rules. " recently, the State Council releases " the regulation that the State Council declares a standard centrally about operator " middle finger went out must to " branch of director of commerce of the State Council declares " operator centers behavior: The turnover inside global limits is total more than 10 billion yuan of RMBs, the turnover in Chinese churchyard is total more than 2 billion yuan of RMB. Can say, the range of delimit of these two standards is very wide extensive. So, investigate bureau and country as the antitrust of Department of Commerce that declares an orgnaization endowment appoint between can recombine very easily with respect to center look forward to form rich play chess, even duty is authority divided? Li Jiao gives an explanation, put forward crosscurrent when somebody only when, " antitrust law " 3 actuators just can be accepted, still be national endowment otherwise appoint make a decision directly. "3 actuator resemble father. Two sons fight, hit a problem to come only, a son goes bringing a lawsuit against, father just can provide this job. Have the rational that solicit gift. If always partial a certain son, father does not have authority in the home. " Li Shuguang thinks, whether market share exceeds 20% should be to maintain the level that whether has the market to control a position, no matter be mixed to the state-owend enterprise transnational corporation, still be same for civilian battalion enterprise. Should perfect management budget in addition, li Shuguang expresses, national endowment appoint in be being driven and buying recombining process, should distinguish national endowment appoint with subordinate the authority between central enterprise duty limits. "In the past, in the course that in our country a few state-owned companies take, because of the problem of collective and contributive person, ever got American obstruct. " Li Shuguang expresses, the country such as the United States may belong to a contributive and factitious excuse jointly with a few state-owned companies, land the United States to create an obstacle for our country enterprise. "If can country of make a clear distinction endowment appoint limit with the influence between the enterprise, national endowment appoint what to do, what does the enterprise do, in jural can say to be clear about, so in the course that central company is taking, can avoid suffer a few interference. " Li Shuguang points out so. Be being accompanied and buy the central company after recombining, actually force also increases ceaselessly. Below this kind of setting, li Shuguang thinks, should perfect the management budget problem of central enterprise and state-owned company. The contributive person of the enterprise is represented, the allocation between it and subordinate enterprise concerns begin to move toward a system to change. Divide this beyond, li Shuguang points out, accompany enterprise dimensions to expand ceaselessly, actual strength increases ceaselessly, enterprise to national turn over to the higher authorities " bonus " scale also should heighten. "I think, the proportion of state-owned company turn over to the higher authorities is too at present small. " Li Shuguang speaks of, "Although this scale had had progress before relatively, but as state-owned company, and central enterprise, strengthening the income to the country to allocate strength also is obligatory responsibility. " Li Shuguang still points out, of state-owned company turn over to the higher authorities " bonus " , innovate except the technology that is used at state-owend enterprise oneself, pay reform cost beyond, still should pass on whole society. "After all the development of the state-owend enterprise is bringing whole society into play the advantage is enjoyed on resource, accordingly, bonus still should be outputted to public finance domain appropriately. "

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