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Chapter 1: Model article on the difference between market economy and planned economy
socialist market economy Although it is qualitatively different from the capitalist market economy, it is one of the modern market economies and must have the general characteristics of the modern market economy. Therefore, various factors affecting fairness in the market economy will also play a role in the socialist market economy.
In the process of China's economic system transition, the operation of the market mechanism has brought about the improvement of efficiency and rapid economic growth. At the same time, there has also been a further expansion of the people's income gap, and the polarization has become increasingly serious, resulting in a more general sense of injustice. Due to the inertia of the traditional system and credit concept, many state-owned and collective enterprises still use the funds raised from bank loans and bonds as "national funds". The government departments are still keen to intervene in the use of funds by financial institutions, and are unwilling or do not have to take serious responsibility for the repayment of loan funds. At this time, the development of the market put forward higher and higher requirements for equality. In his important speech at the seminar on improving the ability of leading cadres at the provincial and ministerial levels of the Central Party School to build a harmonious socialist society, the General Secretary raised equality to a high level and emphasized the position of fairness more than ever before. He said: "While continuing to promote economic development, we should put the maintenance of social equity in a more prominent position." In the market economy, economic activities cannot develop healthily without talking about equality.
2、 Reasons for Restricting the Equal Development of Market Economy
1. Under the condition of socialist market economy, the contradiction between private labor and social labor also exists, which will lead to the gap in distribution. Due to the role of the law of value, the competition under the socialist market economy is also relentless. Due to the differences in capital, technology, quality, service and other aspects between different enterprises and producers, the situation of their labor being recognized by the society must be different, so the profits and individual consumer goods available for distribution cannot be the same, and sometimes the gap is very large.
2. At present, China has not yet established a mechanism for equal opportunities in competition to truly achieve participation in competitive activities, fairness of competition rules, transparency of competition process, and effectiveness of competition results. As market subjects, different enterprises have unequal legal status and different rights and obligations in the market. At present, China's enterprise legislation is divided into foreign-related and domestic, followed by different ownership. In combination with this, it is a distinction between the allocation of human, financial and material production factors and the treatment of production, supply and marketing arrangements. So as to create inequality in starting point, treatment and opportunity of competition among enterprises of different levels. In this sense, the task of establishing an equal market economic system in China is more arduous than any other western country.
3. The government departments put too much emphasis on administrative management, resulting in the expansion and abuse of administrative power. The arbitrary interference of administrative power resulted in division of departments and industries and regional blockade. All departments and industries are self respecting and use power resources to block and monopolize the market, which deprives the market players who are not in their own departments and industries of the opportunity for fair competition, creates differences in economic conditions between the operators in their own departments and industries and the operators in their own departments and industries, and seriously damages fair competition. [1]
3、 Research on the Countermeasures of Developing Market Economy and Establishing Fair Competition
The prerequisite for the formation and development of market economy is to recognize the independent and equal status of market subjects as commodity producers and exchanges. Freedom and equality are the basis of the development of market economy and the inevitable requirement of market economy.
China's market economy is a market economy based on socialist public ownership, which inevitably requires that the premise, process and result of market competition must follow certain fairness principles to ensure the due equality of the socialist market economy. In the era of great changes from traditional society to modern society, and from natural economy to market economy, we should abandon the traditional narrow concept of equality and establish an equality view that is compatible with the socialist market economy, that is, if the commodity economy or market economy is to operate normally, we must ensure the equal status of the exchange, the free will of exchange behavior, and the equivalence of exchange [2], So as to create a general atmosphere of equal opportunities for the whole society. To be specific, it is particularly important to understand the following points. 1. From the premise of market economy, when resources participate in the distribution of the market, the more resources they occupy, the more they will be allocated, thus forming a certain gap with others. For example, different natural resources and policy resources owned by different regions, different intellectual resources formed by different divisions of labor, different opportunity resources between cities and rural areas, and different capital resources owned by entrepreneurs and employees will form a large gap when participating in distribution. Therefore, we must first solve the problem that the difference of resources occupied by different market entities will lead to the gap of distribution results.
2. Under the condition of market economy, equality is based on the legal system and needs the protection of laws and systems. Engels pointed out: "At the earliest stage of social development, there was a need to summarize the repeated daily production, distribution and exchange of products with a common rule, and try to make individuals subject to the general conditions of production and exchange. This rule first manifested as habit, and then became law." [3] Environmental fairness is the condition for the smooth operation of the market mechanism and the guarantee for fair competition among market subjects. As the American economist Buchanan said: without proper laws and systems, the market will not produce any efficiency that reflects the value maximization. [4]
3. From planned economy The transformation to market economy is not carried out in a revolutionary way, but in a reform way. That is to say, it is not carried out rapidly under the condition of regime change, but gradually under the leadership of the original ruling party and government. The government ensures the basic order of market mechanism operation and the efficiency and fairness of market transactions by formulating laws, regulations, standards and other forms. However, the government in the transition period must not only maintain considerable power, but also attach great importance to the behavior of opposing reform or seeking private interests in the name of reform from within the government. [5] Avoidance refers to the fact that government departments always regard themselves as "superman". It emphasizes the importance of institutional reform and requires the transformation of government functions. Government departments are "servants" serving enterprises and all citizens. It is not impossible for an economy to function without others. We will crack down on such problems as administrative power entering the market, power and money trading, and wanton "rent-seeking" under the guise of "opening up and invigorating". To unify the rules, equal treatment and equal opportunities between different ownership economies, different industries and industrial sectors, and different economic regions, so as to truly standardize the economic operation rules and the government's management behavior.
Harmonious society is a fair and just society. It is a social state that expands from the material aspect to the spiritual culture and even the ethical and moral aspect. Its biggest feature is that economic development and social equality must adapt to each other. The relationship between the two is like two wheels in a bicycle, which complement each other.
[Key words] Market economy, equality, government law
Abstract: Under the socialist market economy system, morality, law and economy are closely linked. The prerequisite for the formation and development of market economy is the equality of market subjects. Equality and market economy are opposite and unified.
reference
[1] Restructuring of economic legal subject under the condition of market economy [J], Liu Jifeng, Contemporary Law, 1997
[2] The Complete Works of Marx and Engels, Volume 46 (I), Beijing: People's Publishing House, 1956 edition, page 193
[3] Selected Works of Marx and Engels, Volume 2, pp. 538-539
Chapter 2: Model article on the difference between market economy and planned economy
Key words: China's economic investment growth Keynesianism
I. Over investment, trade surplus and excess liquidity
China's economy has entered the expansion stage of this economic cycle since, and has expanded strongly after completing the transformation from economic depression to economic prosperity, achieving the above real growth rate for consecutive years. Since, while maintaining a good coordination pattern between high economic growth and low inflation, China's economy has presented the "trinity" problem of excessive growth in fixed asset investment, excessive international trade surplus and excess liquidity in the banking system. There are structural and monetary differences in the main analytical methods for its formation mechanism.
The structuralist analysis method believes that in the investment decisions of state-owned enterprises and local governments, there are still planned economic factors that exceed profit motivation and cost benefit accounting; Limited by imperfect market mechanism, non-state-owned enterprises cannot avoid irrational behaviors such as excessive optimism, blindly following the crowd or short-term speculation in the period of economic prosperity. The imbalance of China's investment is mainly manifested in the excessive investment behavior under the condition of low investment efficiency.
The structuralist analysis method emphasizes the investment expansion impulse of state-owned enterprises and local governments. Starting from the irrational expansion of fixed asset investment scale, it describes the chain process of China's macroeconomic operation: "the increase of investment scale increases the domestic supply capacity (exceeds the domestic income absorption capacity), and the increase of net exports (absorbs the domestic supply capacity) Increase of foreign exchange reserves, increase of money supply, increase of credit scale, increase of investment scale... "; Accordingly, the structuralist analysis method puts forward the basic policy proposition of controlling the scale of fixed asset investment.
The monetarist analysis method believes that the RMB exchange rate is significantly undervalued relative to the goal of basic balance of international payments due to the huge and continuously expanding international trade surplus and accelerated accumulation of foreign exchange reserves, and the balanced adjustment of the RMB exchange rate is necessary. The process of China's economic catch-up will inevitably coincide with the process of national income growth (in local currency accounting) and the process of local currency exchange rate appreciation. The RMB will continue to appreciate while becoming a fully convertible currency and a major international currency.
The monetarist analysis method emphasizes the imbalance of the RMB exchange rate. Starting from the undervalued RMB exchange rate leading to the international trade surplus, it describes the chain process of China's macroeconomic operation: "net exports increase foreign exchange reserves increase money supply increase credit scale increase investment scale increase domestic supply capacity (beyond domestic absorption capacity) Increase in net exports (absorption of domestic supply capacity)... ". Accordingly, the monetarist analysis method puts forward the basic policy proposition of appreciating the RMB exchange rate.
As shown in the figure, according to the structuralist and monetarist analysis methods, fixed asset investment, banking system liquidity and international trade surplus stimulate each other to form a positive feedback unstable cumulative cycle.
In terms of the opposition between monetarism and structuralism, although the monetarism analysis method agrees with the structuralism view of excessive expansion of fixed asset investment scale, it believes that if the process of RMB exchange rate appreciation is delayed, demand reduction such as controlling the scale of fixed asset investment () policy measures will reduce import demand, which may worsen (rather than improve) The imbalance of international trade. The structuralist analysis method doubts the actual effect of demand conversion policy measures such as the appreciation of the RMB exchange rate on restoring the balance of international payments, and believes that China's international trade surplus has a variety of structural reasons (except the RMB exchange rate), including the development mode of domestic trade, the development trend of international trade, and the adjustment of the global economic structure, It is impossible to overcome this problem only through RMB appreciation.
II. International experience on investment scale and efficiency
Phelps' theory of the golden law of economic growth, which reveals the dynamic inefficiency () undesirable phenomenon of high savings and high investment aimed at pursuing high-speed economic growth but ultimately reducing residents' consumption level, is often cited to illustrate the problem of excessive savings and investment in China's economy. However, it is necessary to understand the historical background of the construction of the golden law theory, and define the modeling object and application conditions of the golden law theory. We cannot judge that China's economy has violated the golden law of the optimal national income savings ratio based on the rapid growth of fixed asset investment scale, so as to judge that the investment scale is excessively inflated and unsustainable.
The middle of the 20th century was the golden age of economic growth in the former Soviet Union and the United States. However, there are obvious differences between the economic growth model of the former Soviet Union and that of the United States: the former Soviet Union's economy maintains rapid economic growth through the high savings high investment model, but the improvement of residents' living standards is relatively slow; The national income savings ratio of the US economy is relatively low, the growth rate of investment and economic growth is flat, but the living standard of residents has improved significantly. The golden law theory of economic growth affirms the U.S. economic growth model and denies the former Soviet economic growth model. However, the economic explanation of the economic failure of the former Soviet Union from the perspective of excessive savings and investment is insufficient. In retrospect, it was mainly the non productive bias of investment content (such as military investment expenditure) and the lack of investment efficiency under the planned economy system, rather than the simple high investment behavior itself, which damaged the potential capacity and sustainability of economic growth of the former Soviet Union.
In the standard model of the golden law theory, the possible dynamic inefficiency phenomenon includes both the over investment state under the central planning economic system and the under investment state under the decentralized market economic system, which occurs when the marginal productivity of capital is lower than the sum of population growth rate, output growth rate and capital depreciation rate. For China's economic system, it is not observed that the (net) rate of return on investment is lower than the sum of the population growth rate and output growth rate; At the same time, the nature of developing countries whose per capita capital stock continues to converge to the level of developed countries is also inconsistent with the golden law theory and the stationary () model object from which to choose the optimal national income savings ratio.
Both Rostow's economic development stage theory and Kuznets' modern economic growth theory believe that the increase of the national income investment ratio is not only a prerequisite for the transformation from the traditional economy to the modern economy, but also a typical feature that distinguishes the modern economy from the traditional economy. The comparative study of international experience and historical experience generally supports the positive effect of high national income saving propensity and high investment ratio on long-term economic growth. Especially for late developing countries, large-scale capital accumulation and rapid technological progress driven by high investment ratio of national income constitute the core part of their successful catch-up strategy. In the s and s, Japan and South Korea completed the economic catch-up with the developed countries in Europe and the United States, and maintained the above national income investment ratio during the period of economic catch-up. During this period, Japan's national income investment ratio increased from to, and South Korea's national income investment ratio reached its peak in.
Even as a pioneer country, the U.S. economy's leading edge in the information technology revolution since the s also depends on large-scale capital accumulation and rapid technological progress driven by high national income investment ratio. The trade and fiscal deficits of the US economy and the propensity of low household income savings give a distorted impression that the US economy is underinvested and underestimates its real national income investment ratio. On the one hand, global economic integration facilitates and promotes the financing of the US economy in the international capital market. Adequate international capital inflow can effectively relax the resource constraints of the insufficient domestic savings capacity of the United States on its domestic investment demand while making up for the huge trade surplus of the United States. On the other hand, the American economy entered the era of service economy in the s and the era of knowledge economy in the s, and its capital accumulation form has changed from material capital accumulation to human capital accumulation. The expenditure on personal education and medical services included in the content of residents' consumption, as well as the expenditure on public education, science and medical services included in the content of government consumption, constitute an important channel for human capital investment and have the nature of investment expenditure. However, under the statistical system, it belongs to pure consumption items.
The transformation from extensive economic growth mode to intensive economic growth mode is the essence of the transformation from traditional economic structure to modern economic structure, and it is also the basic symbol of the modernization of China's economic structure. The static mechanical thinking of denying China's investment efficiency based on the gap of financial indicators of capital accumulation between China and developed countries ignores the development stage of China's economy lagging behind that of developed countries, and also ignores the important improvement of China's investment efficiency since the economic transformation, especially since the current economic cycle.
The U.S. economic policy and economics circles praise the efficiency and flexibility of the U.S. economy, and its important empirical basis is the good performance of the U.S. economy in coping with this severe reverse supply shock. Different from the oil crisis in the s, faced with the impact of the sharp rise in the price of oil and raw materials, the U.S. economy gradually digested the inflation cost drivers from the price of oil and other mineral products along the industrial chain through technological progress, and achieved price stability while maintaining rapid economic growth. Due to the light service economic structure of the US economy and the heavy industrial economic structure of China's economy, the sharp rise in the prices of oil and raw materials has a more serious impact on the reverse supply of China's economy. China's economy, like that of the United States, can maintain rapid economic growth while achieving price stability, and its technological progress performance is even better.
With the great progress made in the market-oriented transformation of China's economic system, the market mechanism has played a fundamental role in regulating investment behavior, and the (market) rational factor has established its dominant position in the investment decisions of state-owned enterprises, non-state-owned enterprises and local governments. In this economic cycle, the market system efficiency and diversification rationality of China's economy have been proved by experience in the (ex post) relative balance of production capacity and high return in high investment industries. While being alert to the problem of overcapacity in high investment industries, it is necessary to recognize that the price of products in high investment industries rises first because of the increase in demand, and then falls due to the increase in supply. Part of this is a typical price behavior in the investment cycle of demand driven products.
III. From Investment Gap to Balanced Adjustment: Keynesian Research Route
Chapter 3: Model article on the difference between market economy and planned economy
Key words: community economy
In recent years, with the in-depth development of China's reform and opening up strategy, there have been many new changes in the process of social transformation and economic transformation. The social function of "units" is gradually weakening, and the role of urban communities has become more and more important, while community economic problems have begun to attract people's attention. In this case, in-depth study of the current situation of community economic development is of great practical significance to accelerate the construction of communities in China and give full play to the role of communities.
1、 Basic connotation and characteristics of community economy
In the middle and late 1980s, with the gradual implementation of community construction, community economy was slowly separated from urban social welfare district services. It was a new concept with specific connotation that began to appear before and after the implementation of the socialist market economy system. Therefore, the study of community economy is still in its infancy in China. However, as an objective economic activity, community economy has existed for a long time, and people are exposed to it almost every day. For the understanding of community economy, people put forward their own views from different angles. To sum up, there are roughly three views in China: first, they believe that community economy is street economy. Since the basic units of urban community construction are streets and neighborhood committees, community economy is also street economy. The second is that the community economy refers to the combination of all economic activities in the region. Any economy within the neighborhood can be said to be the community economy. The third is to understand community economy in a broad sense, and think that community economy is the general term of various economic factors and activities of the community, including community economic management system (such as industry and commerce, tax, finance, price, etc.), community economic departments (such as economic organizations of districts, streets and neighborhood committees, industry and commerce, various service industries, etc.), projects of community economic activities, and activities of community economy.
The above three views mainly define community economy from the perspective of economics, in broad and narrow sense. It not only abandons the specific connotation of "community" and "community construction" in sociology, but also separates the close relationship between community economy and community construction, so they all have shortcomings. The first view only understands the "community" in the community economy in terms of spatial attributes, and does not fully express the connotation of community economy. Because community economy includes not only street economy, but also other elements; The second point of view expands the extension of community economy to include everything; The third view is to exhaust the economic coverage factors and expand the scope of community economy to the extreme. These definitions, which focus on the economic sense, lack the sociological connotation of "community construction", resulting in a very weak interpretation of community economy.
So, how to understand the connotation of community economy from the perspective of sociology, or the combination of sociology and economics? This article believes that to define community economy, we must first understand the connotation of "community construction". Because community economy is an important part of community construction and the economic basis of community construction, community economy is a new concept proposed for the development of community construction. "Community building" has a specific connotation in sociology. It mainly "refers to the process in which grass-roots communities, with the help and guidance of the government, rely on the strength of the community itself, use community resources, strengthen community functions, solve social problems, improve the quality of life of community members, and promote the coordinated development of community economy, politics, culture, environment, public security, affairs and other undertakings with the whole society." Therefore, to understand the concept of community economy completely and accurately, we must understand the concept of community economy completely and accurately, and grasp several basic characteristics of community economy from the perspective of sociology.
1. Regionality. Community economy must first be within a certain regional scope and community definition. Community is a regional society. Regionality is the primary feature of community economy. Economic activities beyond the scope of a specific region cannot become community economy. The regionality of community economy not only means that its economic subjects are distributed in a certain geographical location, but also that its labor force composition has certain regional characteristics of the community. Community residents must be the basic labor force and the main technological constituent of the community economy.
2. Social. Sociality is the most prominent embodiment of the characteristics of community economy. Although community first refers to a regional society, in addition to its regional characteristics, it also has feelings, particularism and collectivism orientation. Therefore, community economy can not just pursue the maximization of economic interests and ignore the sociality of community economy like other economic types. Especially in the socialist market economy, community economy should pay attention not only to economic benefits, but also to social benefits, which are extensive and huge. For example, paid cultural services can not only enhance the stamina of community construction, but also promote the general improvement of cultural life and basic quality of community residents.
3. Service. Community economy is established for the purpose of community construction, and its purpose is to serve the life and overall development of community residents. Therefore, not all economies in the community belong to the category of community economy, which is an important feature that distinguishes community economy from other economies. The service of community economy is mainly manifested in two aspects: first, from its composition, community economy is generally dominated by the tertiary industry such as commerce and life services. Second, from its nature, the nature of community economy is to better serve the community residents, and its development policy is to "run the economy around services, and run the economy well to promote services". In recent years, many urban communities in China have actively developed comprehensive service undertakings in line with the purpose of "serving the people, facilitating the people, and benefiting the people" and the policy of adjusting measures to local conditions and making up for the deficiencies. This has become the main aspect of community economy and the starting point and destination of community economy.
4. Diversity. The diversity of community economy is mainly reflected in three aspects: first, the diversity of economic content. The content of community economy is rich and colorful, including real estate, tourism, commerce, catering, medical insurance, construction and installation, culture and education and other industries. The second is the diversity of economic composition. In addition to the leading economic component of collective economy, community economy also includes private, individual, joint venture and other economic components. All economic elements based on and serving the community can be regarded as part of the community economy. The third is the diversity of business modes. The community economy is generally small in scale, but its operation modes are flexible and diverse. It can make full use of the role of market mechanism, adjust its business mode at any time, adapt to market competition, and obtain greater development space.
2、 The Development Status of Community Economy in China
In China, community economy is currently in the stage of practical exploration and theoretical discussion. We have gained a lot of experience in practice and some research results in theory, but after all, we started relatively late. Therefore, in the process of its development, it is under increasing pressure and facing unavoidable problems. To sum up, it mainly includes:
1. Insufficient capital
(1) The vertical connection of the community is traditional
Under the planned economy system, the state not only implements the swaddling restrictions on the community streets, but also gives meticulous care. Under this system, the community lacks the conditions and motivation to accumulate social capital. During the transition period of planned economy, after the reform of property rights system, enterprises in the community became independent legal organizations, and neighborhood committees in the community became autonomous organizations and interactive cooperative relations. However, at present, some local community organizations have not got rid of the influence of the traditional system in terms of ideology and behavior, lag behind the development of the situation, and are accustomed to relying on the government to live a "waiting, relying and demanding" life. In the face of an important strategic opportunity period, some community organizations do not seize the opportunity, but rather "sit around and shout", do not act, and rely on the government to obtain the "head project" in order to obtain financial guarantee.
(2) The horizontal connection degree of the community is low
The development of urban community economy should complement each other's advantages, share interests, save transaction costs and maximize profits. However, from the current situation of urban community economy, for a long time, it has tended to have a vertical, closed and traditional connection with the government, while ignoring the communication and connection between cross communities and industries, resulting in the problem of low economic benefits.
(3) Community funding shortage
China's urbanization has reached a considerable level today. But for urban communities, the shortage of funds is still serious. On the one hand, the government has limited financial resources, and the number of bonuses invested in communities is too small after all. On the other hand, the community's own financial resources are weak, and the urban finance can only maintain the general wage expenditure, which is the "food" finance. It is almost beyond the scope of investment and economic development (turn to page 109 below)
(Continued on page 107) The task cannot be the target of state-owned capital investment. The development of a place can not only rely on government funds, but mainly rely on its own strength to support development. The urban community economy in China is just short of its own financial resources.
2. Unreasonable structure
For a long time, due to the lack of experience in the construction and management of communities and the correct understanding of the objective development laws, we have made mistakes in strategic decisions when focusing on the development of community economy. The imbalance of strategic priorities has resulted in many new structural problems. For example, in the past, in the strategic policy of urban economic development, the development of heavy industry was put in an inappropriate position, and many cities ignored light industry. In line with this, it is bound to attach importance to accumulation and despise consumption. Pay attention to the speed of economic growth and despise economic benefits, pay attention to production goods and despise living goods. Under the influence of this development strategy, the structure of some of our original community economies naturally has the traces of "being too heavy and too light". Many urban communities go beyond the scope of their own conditions to seek perfection, ignore their inherent advantages and pursue their own systems, ignore long-term development strategies and pursue short-term benefits, so that the production structure is relatively unbalanced. Resources cannot be reasonably developed and utilized, production potential cannot be fully exerted, consumption structure cannot meet demand, residents' material and cultural living standards cannot be improved, technical structure cannot be updated in time to develop to a higher level, economic growth and economic benefits are extremely disproportionate, which does not reflect the strategic requirements of economic development.
3. Incomplete management
The urban economic management system of China basically follows the vertical centralized management mechanism of the Soviet Union. Although there have been several changes, they mainly made efforts to adjust the management authority of every piece. They did not jump out of the circle of managing enterprises with administrative departments and administrative methods. They are still full of contradictions and fundamental problems have not been solved. The management of urban community economy is nothing more than that. Its main drawbacks are:
(1) Severe stripe segmentation
The most prominent contradiction in managing the community economy according to the administrative system and administrative region is the segmentation. In a city, some community industrial enterprises are divided according to the administrative affiliation relationship, and some are divided according to the industrial relationship. They are self-contained and fragmented. It is difficult to plan and manage them comprehensively, resulting in the disconnection between production and storage, production and sales, affecting the flow of goods, and impeding the economic activities between sectors. Especially in the process of reform, the reform orientation of urban community ownership is weaker. Whether it is "large collective", "small collective", or the joint-stock cooperative system reform of small state-owned enterprises, the cooperative economy has not been fully developed. Moreover, the government of its property rights management still has not "let go", and the nature of the transition is obvious.
Chapter 4: Model article on the difference between market economy and planned economy
[Key words] Historical process of new industrialization
1、 * Overview and evaluation of industrial history
（1） * Overview of industrial history
*
Sixth, light, chemical and textile industries, mainly including printing and cotton processing. Including printing: from 1958 to 1990, 144 people were employed and the output value was 1.88 million yuan. Cotton processing: From 1955 to 1990, there were four enterprises, with an annual processing capacity of more than 7700 tons of lint, 350 employees and an output value of 44.12 million yuan. In addition, there are soap manufacturing, paper making, mirabilite production, spinning, weaving, carpet processing and other processing industries.
The following is a list of major industrial products under the traditional industrial system from 1949 to 1990:
With the continuous improvement and maturity of the socialist market economy, the deepening reform of state-owned enterprises, especially the implementation of the corporate governance structure of state-owned enterprises, the traditional industrial system has basically collapsed under the trend of economic development, and many industrial production has been eliminated, closed and closed down in the wave of market economy. Some of these industrial production enterprises have survived by relying on their own competitive advantages and become the foundation and support for the development of the new industrialization system today. Enterprises such as * beer, * coal, * electricity, * petrochemical and dairy products production have become the main force for the development of * new industrialization.
From the historical process of industrial development over the past 50 years, our industrial development has not only gained and lost experience and lessons from policies and markets, but also learned lessons from our ability to govern, judge the situation and seize the opportunity, which is worthy of our deep consideration.
（2） * Enlightenment evaluation of industrial development history
Reviewing the history and summarizing the historical experience in the development of industrialization give us three enlightenment thoughts on the development of new industrialization today
*The history of industrial development roughly goes through three stages.
First, in the early 1950s of the last century - before the 14th National Congress of the Communist Party of China in 1992. During this period, under the absolute leadership of the planned economy, a large and comprehensive, small and comprehensive industrial system focusing on light textile, food, coal, electricity and building materials was built, which is a typical traditional industry. Six categories involve 37 specific industries, with more than 2000 enterprises and an output value of 160 million yuan. The main characteristics are average distribution, full employment, social stability, and the growth point of industrial growth driven by large input of resources and large consumption of energy.
Second, the 14th CPC National Congress in 1992 - the 16th CPC National Congress in 2002. This period is the process of the establishment and legalization of the socialist market economy. The main line is to improve the market economy system, deepen the reform of state-owned enterprises, focus on the large and release the small, reduce staff to increase efficiency, and adjust the economic structure. The main characteristics of this period are the collapse of the traditional industrial system, the bankruptcy and closure of a large number of enterprises or their restructuring into private enterprises, the increase of unemployment, and the increase of social instability. Industrial development stopped and slightly regressed. For example, in 1995, the industrial output value reached 790.3 billion yuan by the end of the eighth five-year plan, and in 2000, the industrial output value reached 789.9 billion yuan by the end of the ninth five-year plan. The industrial output value has basically remained unchanged.
Third, the 16th National Congress of the CPC in 2002 - to date. This period is a period of profound implementation of the economic development guidelines and policies in the report of the 16th National Congress of the Communist Party of China, especially the period of vigorously promoting the process of new industrialization. At this stage, the Party Committee and the government of the Communist Party of China actively implemented the strategy of strengthening the city through industry and the strategy of transforming advantageous resources, seized the opportunity, well combined the market orientation with the national industrial policy, and initially established a new industrialization system focusing on coal, oil, cotton and textile industry, and the processing industry of characteristic agricultural products, with 846 existing enterprises. The main characteristics of this period are the rationalization of industrial structure, the improvement of industrial operation quality, and the realization of leapfrog development. From the end of the "Ninth Five Year Plan", the industrial output value was 789.9 billion yuan, to the end of the "Tenth Five Year Plan" in 2005, the industrial output value was 1.3 billion yuan. Industrial development takes the new industrialization road as the direction, puts people first, and vigorously advocates the concept of circular economy and environmental protection
At the same time, the history of * industrial development has also brought some enlightenment and thinking for today's efforts to develop * characteristic new industrialization. First, we must adhere to the Scientific Outlook on Development, take the Scientific Outlook on Development as the guide, lead the development of new industrialization with characteristics, put people first, and strive to achieve comprehensive, coordinated and sustainable development. Second, we must improve the five governing abilities of leading cadres at all levels. That is, constantly improve the ability to judge the situation scientifically, control the market economy, deal with complex situations, govern according to law and take charge of the overall situation. The line has been established, and Guan is a leading cadre. Third, combine the actual situation of the development of * new industrialization, fully tap the potential of resources, actively promote the transformation of the mode of industrial economic development, combine energy conservation and emission reduction with environmental protection, and constantly innovate the industrial development system and mechanism management model with * characteristics
2、 * Analysis of the current situation of new industrialization
（1） Connotation of new industrialization
The report of the 16th National Congress of the Communist Party of China pointed out that "we should adhere to the principle of promoting industrialization with informatization, and promote informatization with industrialization, and work out a new industrialization path with high scientific and technological content, good economic benefits, low resource consumption, less environmental pollution, and full use of human resource advantages." The concept of new industrialization was defined. Understanding the connotation of new industrialization needs to be grasped from the perspective of difference and connection with traditional industrialization. From the perspective of difference, the new path of industrialization should not repeat the mistakes of traditional industrialization, and should not be replaced by high-speed industrial development at the cost of consuming resources and destroying the environment; From the perspective of connection, the new industrialization is not a complete negation of traditional industry. Traditional industry is still an important part of the new industrialization. Therefore, to develop new industries, * must base on * resource advantages, consolidate and improve traditional industries, take investment attraction as the driving force, implement scientific and technological innovation, and build * new industrialization system.
（2） * Positioning in the "three major economic sectors" in Tacheng
According to the 2006 Tacheng Statistical Yearbook, the industrial economic data statistics of five counties and two cities in Tacheng area (material I) and the comparative analysis of development speed (material II):
*
Through the analysis and comparison of the two materials, it can be concluded that * industrial economy plays a leading role in the economic development of five counties and two cities in Tacheng.
（3） Analysis of advantages and disadvantages of developing new industrialization
*The development of new industrialization has both rare opportunities and arduous challenges. A rational analysis of the advantages and disadvantages of developing new industrialization is of great significance for avoiding disadvantages, giving full play to advantages and promoting the development of new industrialization.
1. * Favorable factors for developing new industrialization
(1) Solid industrial foundation. In the 1980s, a traditional industrial system with food, light textile, coal, electricity and building materials as the main body was established. After years of hard work, we have cultivated some professional production, technology and management talents, and accumulated some development experience; Substantial progress has been made in structural adjustment, the vitality of enterprises has been enhanced, the reform of enterprise property rights has been basically completed, and some enterprises have shown new vitality. Due to the gradual improvement of their own quality and the continuous improvement of the development environment, the competitiveness of non-public enterprises is gradually increasing, with some such as * beer, Sikeshu coal, Tunhe tomatoes Enterprises with good development momentum such as North Xinke have laid a good foundation for accelerating development.
(2) The resource advantage is outstanding. *There are more than 20 kinds of mineral resources, including coal, oil, gold, copper, graphite, limestone, lead ore and nickel ore, which are rich in reserves and of high industrial value, providing a firm material foundation for the new industrialization and resource transformation strategy.
(3) Significant regional advantages. Economic location and economic development are inextricably linked. The stronger the economic location advantage, the faster the economic development. *It has unique geographical advantages for developing new industrialization, is located on the northern slope of Tianshan Mountain in Xinjiang, and is at the center of the transportation network. From the perspective of Tacheng area, * is located at the southernmost end of the region, with Kuisai Expressway and Eurasian Continental Bridge passing through the territory, and * is adjacent to Dushanzi, an industrial zone, and Kuitun, a commercial city. The transportation is developed, the information is unblocked, and the location advantage is gradually enhanced.
(4) Policy opportunities are rare. The 16th National Congress of the Communist Party of China clearly proposed to take a new road to industrialization, pointing out the direction for us; The new industrialization conference of autonomous regions and regions provides policy guarantee for us to promote the new industrialization process; The rapid development and wide application of modern science and technology, especially information technology, and the continuous expansion of our city's opening up have provided more favorable conditions for accelerating the development of export-oriented industries; China's economy has entered a new round of growth cycle, and the domestic market will continue to expand, providing a broader space for the development of industrial enterprises in our city.
2. * Disadvantages of developing new industrialization
First, the capital market is relatively decentralized. The main performance is that the physical capital, monetary capital, technical capital and human capital are too dispersed, and there is neither system nor scale, which becomes the "bottleneck" that cannot form large industrial groups; Second, the contradiction in industrial structure is relatively prominent. Within the industry, the proportion of heavy industry is small, the proportion of light industry is large, the number of deeply processed and refined products is small, and the number of raw materials based primary products is large. In the first half of this year, the city's heavy industries at and above the township level achieved a value of 196 million yuan, an increase of 53.1% over the same period of the previous year; The completed value of light industry was 190 million yuan, down 16.6% year on year. Heavy industry was faster than light industry, which resulted in relatively low risk resistance and competitiveness of enterprises; Third, the linkage mechanism is uncoordinated. That is, the combination of industry with urbanization, informatization and agricultural industrialization is relatively low, so the radiation and pulling role of industry cannot be played; The fourth is the shortage of enterprise management talents. *Most of the middle and senior talents are concentrated in the health, education, party and government organs, while the human resources of enterprises are relatively scarce, especially the industrial and economic talents who understand, can manage and can manage are fewer.
3、 * Countermeasures for the development of new industrialization
（1） Implement key industrial projects and cultivate new growth points of industrial economy
As a whole, * is in the primary stage of industrialization (from the perspective of the proportion of industrial structure, the secondary industry has just surpassed the primary industry; from the perspective of the internal structure of industry, the proportion of light industry is too large; the labor force has just begun to transfer from the primary industry to the secondary industry), and industrial projects, especially key industrial projects, must be vigorously implemented. Only with industrial projects can there be new economic growth points. The implementation of industrial projects should adhere to the principle of selecting good projects, focusing on development and emphasizing development, which is the objective requirement of new industrialization. For *, it is to expand and strengthen the "four major industries" such as petrochemical, coal power, cotton and green agricultural product processing, constantly enhance the industrial driving capacity and cultivate new economic growth points.
（2） Optimize and upgrade the industrial structure and improve the level of industrial economic development
Only when the industrial structure is optimized and upgraded can the economic growth mode be changed and the industrial economic stock be increased, so as to finally realize the improvement of the level of industrial economic development. The optimization and upgrading of industrial structure must adhere to the existing industry as the basis, transform and upgrade traditional industries, accelerate the development of emerging industries, and build a new industrial system, which is the essential requirement of the development of new industrialization. For *, to optimize and upgrade the industrial structure, the key is to increase the proportion of heavy industry, improve the operation quality and efficiency of heavy industry, build * into an important energy base and a base serving petrochemical production in northern Xinjiang, while vigorously developing the cotton textile industry and the processing industry of characteristic agricultural products, consolidating and promoting the development of light industry, vigorously developing tourism and other service industries, Improve the service level and quality of the service industry.
（3） Promote scientific and technological innovation and enhance the core competitiveness of industrial economy
The role of science and technology in industrial development is mainly to support and guide. Through scientific and technological innovation, the high-tech industry is realized, and the overall scientific and technological level of industry is improved, including production, equipment, process, products, environmental protection and other technical content. Once the industry becomes high-tech, its core competitiveness will be improved. At the same time, it is an important part of scientific and technological innovation to transform traditional industries with high-tech. For *, first, it is necessary to strengthen scientific research, accelerate the research and development and use of new technologies, and have its own core technology property rights; Second, we should increase investment in science and technology, establish and improve the investment and financing system with industry as the main body; Third, we should carry out key special research to achieve breakthroughs in scientific and technological innovation in important areas; Fourth, we should strengthen the construction of scientific and technological talents to provide a solid foundation for scientific and technological innovation. At present, the Science Park of Northwestern Polytechnical University is a science park integrating scientific research and production. Its settlement in * has built a platform for *'s scientific and technological innovation. Some enterprises, such as * North Technology Investment Co., Ltd., have independently researched and developed their own core technologies in the past two years, greatly improving the competitiveness of enterprises.
（4） Promote investment attraction and provide sustainable impetus for new industrialization
The Scientific Outlook on Development requires overall consideration, while the new industrialization requires a path of high scientific and technological content, good economic benefits, low resource consumption and less environmental pollution. Therefore, investment attraction must adhere to the requirements of the scientific concept of development, based on the essence of new industrialization, and transform from the traditional investment attraction to the track of selecting business and investment, in order to provide sustainable power for the development of new industrialization. For *, first, we should break the restrictions of administrative divisions, subordination and ownership, and combine the national industrial policies, market investment trends and *'s resource advantages; Second, to realize the combination of specialized investment attraction and market-oriented operation, investment attraction must conform to the law of market development; Third, we should increase the transformation of government functions, formulate policies and systems for attracting investment, standardize the behavior of attracting investment, and improve service quality; Fourth, we should speed up the construction of industrial parks, mainly in the same district planning, management system and service, and strengthen reform efforts to effectively build an effective carrier for new industrialization.
Chapter 5: Model article on the difference between market economy and planned economy
Key words: fetishism; Economic philosophy; Five in one; Development objectives
"Materialization of social relations" is the inevitable result of developing market economy. There is no room for free choice here. It objectively helps people to establish a wide range of social ties, promotes the formation of people's modern concepts of equality and autonomy, makes people pay attention to the equality and independence of personality in social exchanges, helps strengthen people's awareness of democratic participation, and helps to establish a social relationship of equality, mutual assistance, solidarity and harmony. However, social relations are over materialized, and the principle of market exchange of equal value transcends the economic field and penetrates into the social, political and spiritual fields, making human relations become commodity exchange relations. Commodity fetishism grows and spreads, and the consequences will be unimaginable.
First of all, grasp the degree of "materialization of social relations" to prevent and oppose seeing things without seeing people. "Materialization of social relations" is a common socio-economic phenomenon in market economy societies with different ownership, and it is also a significant feature of market economy that distinguishes it from natural economy and planned economy. The so-called "materialization of social relations" means that in the market economy environment, commodity producers only verify that private labor is part of the total social labor through market exchange, so as to make social contact between labor products and producers. This makes the social relationship between people materialized. Their mutual relationship in labor is not a direct social relationship, but a relationship between people and things, or a social relationship with things as a medium. The direct reason for the materialization of social relations lies in the mystery of commodity form. "The form of commodity reflects the social nature of people's own labor in front of people into the physical nature of labor products themselves, and reflects the natural social attributes of these things, thus reflecting the social relationship between producers and total labor into the social relationship between things that exist outside of producers." Commodity producers are independent of each other and act freely like atoms; Only through the connection between things can they have real social contact; The relationship between things covers the social relationship between people. "The simple atomic relationship of people in their own social production process, thus, the form of people's own production relationship that is not under their control and not transferred by their conscious personal activities, is first manifested through the fact that their labor products generally adopt the commodity form."
Human development must be based on the highly developed socialized production as the material basis and the comprehensive richness of social relations as the social condition; Otherwise, people will not be able to establish a dominant position in front of the natural interface, can not make their own labor get rid of the nature of making a living, and can not realize the comprehensive and full development of human essential strength. In this sense, the materialization of social relations is to create conditions for the all-round development of human beings, which is historically reasonable. The socialist market economy also has to realize the social connection between people through the connection of things, and at the same time, it can control the scope and degree of the materialization of social relations, making it a means to realize the essence of people. Market economy is an effective mechanism to promote economic growth, but if we see things but not people, pursue economic growth unilaterally, engage in "GDP worship", give up other goals and pursuits, or other social activities simply pursue economic benefits, it is impossible to achieve comprehensive and coordinated economic and social development. In addition to pursuing material wealth, people should also pursue a higher spirit. If the social relationship is over materialized and the means are reversed to become the purpose, once the market relationship penetrates beyond the economic field, the humanistic spirit will be seriously lost, and the pursuit of life and national development goals will be biased. This is fetishism, which is inseparable from commodity production.
Commodity fetishism originates from the unique social nature of commodity production labor. The seemingly simple and ordinary commodity is full of metaphysical subtlety and theological weirdness. In the commodity world, if individual labor cannot be reduced to social labor and individual benefits cannot be transformed into social benefits, the leap from commodity to currency cannot be realized. In this "breathtaking leap", it is not the commodity itself that breaks, but the commodity producer itself. In this way, the result of commodity exchange seems to dominate people's destiny. As time passes, people who do not understand the essence of the exchange process will be full of mystery about commodities and worship commodities and money as gods. Therefore, as long as there is a market economy, commodity fetishism has the soil for breeding and spreading. Money worship is a typical manifestation of commodity fetishism.
The special social and legal environment in the early stage of the development of market economy has made the money relationship in real life penetrate into all areas of social life, and even the sacred academic palace has been tarnished. According to the report, there is a strange phenomenon in the application of doctoral programs nowadays: "Some application units go to various places to visit the doctoral guides of relevant majors first, and then find out the list of judges to visit one by one. This has formed the mentality that everyone in the application of doctoral programs does not trust you, which has constituted the situation that the application of doctoral programs' Kung Fu is beyond learning '." The author enumerates three negative effects in the process of applying for doctoral programs: the negative effect of talent introduction in academic power competition, the negative effect in academic achievement competition, and the negative effect of "academic public relations" in academic influence competition; It calls for further improvement of the system and norms in the process of application of discipline points, so that each application point can get rid of the "academic public relations" that waste money and labor, truly practice academic internal skills, truly pay attention to academic connotation, and truly promote the healthy and orderly development of the construction of discipline points. In recent years, the "black whistle", "fake ball", "diving" and "fake run" frequently exposed in sports competitions are also the desecration of money on human sports spirit.
In the primary stage of socialism, the excessive materialization of social relations may lead to fetishism, which is mainly due to the following reasons: First, the level of economic development is not high, labor is still the main means of people's livelihood, maximizing interests naturally becomes the goal of commodity producers, and money and goods still play an important role in people's lives. In particular, the proportion of economic exchanges in social relations is increasing. Second, corruption has poisoned social ethos and misled people's behavior. Some people's value orientation is misplaced, and they adhere to a pragmatic outlook on life, taking the exchange of interests as the principle of dealing with interpersonal relations. Third, the construction of spiritual civilization and democracy and legal system is not compatible with the development of market economy, and there are still many vacuums and weak links in the value and order of regulating people's behavior. The combined effect of these factors has made some people fall at the foot of money and take "money can make the devil go around" as the standard.
Money worship has no inevitable connection with the socialist market economy. We cannot allow money worship to spread freely because of the development of the market economy. Although money worship is hard to disappear at this stage, it must not become the dominant ideology in our society. We should and can give full play to the advantages of socialist politics, control its negative effects, and gradually create conditions for the demise of fetishism.
Secondly, adhere to the "Five in One" development goal and control the spread of fetishism. Developing market economy to promote economic growth and attaching importance to GDP indicators should not be abandoned or shaken at any time. At the same time, we should adhere to the scientific concept of development to improve and perfect the goal system of national reform and development, pay more attention to solving the problems of social construction and lagging social development, and integrate the development of market economy with the construction of a harmonious socialist society. The harmonious society in the primary stage of socialism is the modernization and sinicization of the ideals and principles of a harmonious society. Comrade summarized the basic characteristics of a harmonious socialist society as follows: democracy and the rule of law, fairness and justice, honesty and fraternity, vitality, stability and order, and harmony between man and nature. The provisions of these six aspects cover the comprehensive development of economy, politics, society, culture and ecology in a five in one social form in a broad sense. They comprehensively define the scientific connotation of a harmonious society to be built at this stage, reflect the common interests of all classes in contemporary China, and can pool various social forces and fully mobilize various positive factors. On the basis of adhering to the idea of coordinated development and common progress of socialist material civilization, political civilization and spiritual civilization, and in accordance with the particularity of national development in the new stage of the new century, the Scientific Outlook on Development takes building a harmonious socialist society, including harmony between man and nature, as the necessary condition and important goal of implementing the Scientific Outlook on Development, which actually forms material civilization, political civilization The "five in one" integrated development goal system of spiritual civilization, social civilization and ecological civilization has achieved the goal of keeping pace with the times in the national development goal system, which is conducive to our more scientific, more reasonable and more effective use of market economic means to promote the coordinated development of China's economy and society.
Accelerating economic development is the fundamental policy to effectively control the spread of fetishism. Without a high level of material civilization, it is impossible to fundamentally control the spread of fetishism. Just as the saying goes, enough food and clothing are good manners. Only when the economy has developed, the basic needs of life have been met, and money and things have gradually taken a back seat in people's lives, can the phenomenon of valuing interests over justice be fundamentally solved, so as to establish an equal, mutual respect, solidarity and cooperation interpersonal relationship between people.
Realize the integration of economic and cultural development, and create a public opinion environment to control the spread of fetishism. A harmonious society is the best state in which various elements of the social system, including material interests and spiritual interests, coordinate with each other. It is not enough to focus only on the harmony of material interests. In fact, it is impossible to do so. With the reform and opening up and the development of market economy, the decadent ideas of capitalism have penetrated into all areas of social life, which is an important reason for the spread of fetishism. Therefore, we should establish the concept of coordinated development of material civilization and spiritual civilization, adhere to patriotism, collectivism, and socialism to guide diversified social trends of thought, so that people can establish a correct world outlook, outlook on life, and values, make them penetrate into all aspects of the social relationship structure, consciously resist the penetration of fetishism, and gradually establish a set of moral code system compatible with harmonious development Social supervision system and public opinion guidance mode.
Establish a people-oriented wealth view and resist money worship. Wealth is not only a thing, but also the full development of the richness of people's social relations and free personality. Wealth is just the objectification of people's essential power. In capitalist society, "things" rule people, and people become the means of creating wealth. Things increase in value, and people depreciate. People are the object of humiliation, slavery, abandonment, and contempt, making people unable to be human; Capital occupies labor, and people become slaves of capital and tools of capital proliferation, which makes people unable to develop equally; The fixed social division of labor restricts people and makes them unable to develop freely and comprehensively.
We should not only attach importance to the positive role of money in the development of market economy, but also resist the temptation of money worship. Money has two sides: it is both an angel and a devil. Therefore, in our socialist market economy, we should not only value money, but also see through it. The boundary between attaching importance to material interests and resisting money worship lies in whether to pursue personal interests and local interests within a reasonable and legal scope. To deny personal interests is to deny the market economy, but common prosperity and the realization of the all-round development of economic society and people are the highest goals of our market economy development. Therefore, in the civilized norms of the socialist market economy, we pursue the best combination of personal interests and social interests. When we talk about development, we should not only see things but also people. We should take the all-round development of people as the fundamental goal.
Finally, the harmony of interpersonal relations is the core relationship of a harmonious society and the basis for establishing harmonious relations in other aspects. The harmony of interpersonal relationship needs the support of personality quality. The concern and rectification of personality accomplishment for people's own spiritual world is the realm of self transcendence. Human beings naturally need worldly care and ultimate care, and are eager to find the value and meaning of life. Human culture is the crystallization of civilization, the yardstick, growth point and propeller of civilization progress. Mastering the achievements of human culture is conducive to understanding the meaning of life, establishing the goal of life value, and choosing a way of life. The knowledge of humanities condenses the thinking of human nature, society, life and their interrelationships, reflects the pursuit of truth, goodness and beauty, and is very effective in correcting the bias of modernization, pacifying the hearts of modern people, finding the lost spiritual home, and improving personality cultivation. Strengthening the study of humanities will help to cultivate the ability of rational knowledge, good and evil judgment, and aesthetic appreciation, strengthen the ideal and belief, cultivate a sound personality, and enhance the spiritual realm.
Establish the strategic goal of developing a resource saving and environment-friendly circular economy. To establish the development goal of "Five in One", we need to learn from the experience and lessons of developed countries and developing countries, and avoid the problems of resource shortage and heavy environmental load encountered by developed countries in varying degrees during the period of rapid economic growth. It is necessary to absorb the reasonable factors of the "growth limit theory", fully consider the impact of the ultimate limit of resources and environment on human development, and consciously stop the destruction of economic growth and technological progress on human living environment. It is necessary to establish the concept of harmonious coexistence between man and nature: affirm that man is the relative subject of nature, and human society and economy must continue to develop. At the same time, economic construction must fully understand and follow the laws of nature, save resources, improve the environment, constantly improve the quality of life, and strive to achieve the sustainable development of human beings in harmony with nature. It is necessary to draw on the latest economic development pattern of "circular economy development view" and "sustainable development view" to determine the overall strategic goal of developing circular economy. In China's modernization drive, we must get rid of mass production, mass consumption, and mass waste production and lifestyle, standardize current development with future development, pay attention to the resource and environmental costs of economic growth, focus on improving the quality and efficiency of economic growth, and strive to achieve the unity of speed, structure, quality, and efficiency, and the coordination of economic development with population, resources, and environment, Ensure the sustainability of resources and environment, and ensure intra generational and inter generational equity of the right to life and the right to development.
reference:
1. The Complete Works of Marx and Engels Volume 23 [M]. People's Publishing House, 1975
Chapter 6: Model article on the difference between market economy and planned economy
[Keyword] Community bank; Feasibility; Development mode
1、 Introduction
In order to pursue the enhancement of market competitiveness and the improvement of operating efficiency, almost all commercial banks are pursuing "enlargement" to varying degrees. This is especially true in China, which is in a transitional economy. In this environment, the survival and development of community banks have met great challenges, resulting in a question: Is there a development prospect for community banks in China? What is the soil for its survival in China? What is the uniqueness of the feasible development model for developing community banks in China? Under the structural framework of China's existing commercial banks, how to develop community banks to optimize the overall structure of banks and realize the rational allocation of market resources has become an important issue of common concern in academia and practice. From the existing literature, at present, the industry has conducted a lot of analysis and research on the feasibility and prospects of developing community banks in China. This paper hopes that based on the previous research results, the development feasibility and development model of community banks in China will be further elaborated and explained.
The rest of this paper is structured as follows: The second part introduces the origin and status of community banks; The third part describes the development status of community banks in China; The fourth part analyzes the necessity and feasibility of developing community banks in China; The fifth part discusses the model of developing community banks in China; The sixth part draws the conclusion of the study and summarizes the research ideas of the full text; The seventh part tries to give policy suggestions from the perspective of government macro-control.
2、 The origin and status of community banks
The term "community banks" first originated in the United States and now widely exists in western financial developed countries led by the United States. The so-called "community" is not the concept of urban community that we usually understand literally, but generally refers to the residential area of urban or rural residents. ICBA. Independent Community Banks of America defines community banks as independent, locally owned and operated institutions with assets ranging from less than 10 million to billions of dollars. The so-called "community banks" now mainly refer to those small local commercial banks with small asset scale, high regional concentration, relationship credit advantages, and mainly serving small and medium-sized enterprises and resident families in the business area.
As we all know, the commercial banking system in the United States is very developed, mainly including transnational banks, national banks, super regional banks, regional banks and community banks. Community banks account for the highest proportion, accounting for more than 90%. They are the main components of the structure of American commercial banks, and their important role in the banking system is self-evident. Although in the past 30 years, due to the large-scale mergers and acquisitions and bankruptcies of the banking industry, the entire commercial banking system has experienced great fluctuations. In addition, large banks have implemented the expansion strategy of operating geographical scope, which has led to a significant reduction in the number of American community banks and a decline in their industry share, their total assets and deposits are still increasing, and they have maintained strong vitality and competitiveness.
The reason why the U.S. community banking industry is so prosperous is that large banks cannot effectively meet the various service requirements of a large number of small enterprises across the United States due to their market positioning and scale characteristics. In the U.S. market, where small and medium-sized enterprises are prevalent, community banks can provide important credit support for large and small enterprises, Therefore, it can maintain strong vitality in the fierce competition of banks. The same situation also occurs in other countries with developed financial institutions, such as European countries and Japan. These countries and governments have successively issued policies to vigorously support the development of community banks, which shows that the development prospects of community banks are still very optimistic and will play a decisive role in the future development of the banking industry.
3、 Development Status of Community Banks in China
There is no such saying as "community bank" in our country. According to the relevant definitions of international community banks and the actual situation of our country, Chinese scholars have given a new meaning to community banks. Ba Shusong (2002) believes that community banks are small and medium-sized banks that are independently established and operated in accordance with the principle of marketization within the community of a certain area, and mainly serve SMEs and individual customers. Kang Weihua (2005) believes that community banks are financial institutions that absorb deposits from local households and enterprises and provide transaction services to local households and enterprises.
By comparing the definition of "community bank" in relevant studies at home and abroad, it can be found that community banks in China mainly refer to financial institutions such as urban credit cooperatives or regional commercial banks. However, due to the imperfection of the basic system and mechanism of the market economy, especially the imperfection of the social credit system and some problems in their own system and operating mechanism, these small and medium-sized banks are still quite different from the community banks in the western market economy developed countries, belonging to the non-standard "quasi community banks".
Since the mid-1990s, some urban and rural credit cooperatives and commercial banks in China have gradually realized their own shortcomings and started to base themselves on the transformation and scientific development; The success of community banks in the United States has injected a shot in the arm into the transformation of these banks, prompting them to explore more actively on the road of community banks' development. However, due to the short development period of China's banking industry, the early development was affected by the planned economy, with obvious constraints. In the process of transformation and development, many problems were encountered. For example, the market positioning of community banks is not clear, there is no so-called "regional" concept, and they blindly pursue "becoming bigger and stronger". At the same time, this concept has rapidly expanded to the whole industry, resulting in systematic deviation. These banks did not focus on providing financial support and financial services for small and medium-sized enterprises, families and individuals in the community as the focus of their development strategy, so they eventually fell into horizontal competition with large banks, further aggravating the irrational distribution of the banking structure; Secondly, due to factors such as asset scale and innovation ability, the existing community banks in China are not innovative enough in financial products and services. The financial products and services they provide are relatively simple and lack of functions, which affects the ability of these banks to provide high-quality and convenient financial services for community enterprises and residents. In addition, the correlation between various products is insufficient, Cause huge waste of customer input cost; Most importantly, there are huge differences between community banks and large banks on a series of key issues, such as capital composition, organizational form, market positioning, and business geographical scope. However, the existing financial laws and regulations in China adopt uniform and undifferentiated norms for various banking institutions, ignoring the existence of such differences, To a large extent, the establishment and development of community banks are restricted and hindered, and the operation and management of community banks cannot be effectively supervised.
To sum up, the development of community banks in China can only be said to be in the initial embryonic stage, which is still very different from the western developed countries. There are many problems and difficulties, and the overall development speed is relatively slow.
4、 The Necessity and Feasibility of Community Bank Development in China
Although China's commercial banks have encountered many problems at present, it does not mean that this road is not feasible; On the contrary, the feasibility of the development of community banks deserves more active exploration. The development of China's financial market needs the emergence of community banks, and standardized community banks will play a positive role in improving China's banking structure. The development of community banks can not only meet the needs of multi-level financial products and personalized financial services, but also enhance the competitiveness of the banking industry and promote regional economic development. The establishment of a financial system with small and medium-sized financial institutions as the main body can largely solve the problem of financing difficulties of small and medium-sized enterprises in China, and can also improve the situation of the hollowness of basic level finance and the vacuum of financial services in China. Therefore, the development of community banks has become an inevitable choice for China's financial system reform.
With the deepening of the banking reform, the differentiation and integration of the market on the regional economy has become increasingly significant. The traditional division of administrative regions has been strongly impacted by the division of market economy regions. Different regions have different economic development conditions, different population composition, different industrial structures, and different demands for financial services in their own regions. Analyzing the current financial development situation in China, we can find that the conditions for the development of community banks in China are ripe, and it is completely possible to establish a scientific and standardized community bank.
First, the widespread existence of SMEs in China and their financing needs objectively provide sufficient market conditions for the establishment and development of community banks. In recent years, especially since China's accession to the WTO, China's market economy has developed rapidly, and small and medium-sized enterprises have sprung up like mushrooms. They have played a very positive role in economic growth, employment and other aspects, but the financing environment they face is not loose. Large banks increasingly shift their focus of financing to large companies. Small and medium-sized enterprises face many development opportunities, but they are difficult to operate funds and cannot obtain loans. These problems seriously restrict the long-term development of small and medium-sized enterprises. The establishment of community banks with small and medium-sized enterprises as the main financing target can objectively promote the full development of market competition and increase market vitality. Research shows that small banks have more advantages than large banks in granting loans to SMEs, providing potential market opportunities for their development.
Secondly, due to its small scale, limited capital and low capital requirements, community banks facilitate the entry of private capital and the full development of market competition. China previously had many restrictions on the development of the banking industry. Banks were mostly national assets, and private capital could not enter the banking industry smoothly. However, the barriers to entry of community banks were low, which lowered the threshold for private capital to enter the financial industry, which was conducive to improving the vitality of the banking industry itself, promoting banks to play their respective advantages in the competition, and targeting the market, Ensure the improvement of the quality of financial services provided by banks, and achieve a win-win result in both the profitability of bank investors and the satisfaction of bank customers.
Finally, China's regional economic development is unbalanced. Compared with underdeveloped areas such as the central and western regions, the economic development in the southeast and coastal areas is faster and better. This geographical dual economic structure has led to large banks to focus on relatively developed regions to some extent, resulting in extremely unreasonable resource allocation. The more underdeveloped regions, The more sufficient funds are needed, the local government lacks powerful financial institutions to guarantee the use of their funds. These enterprises suffer from no access to borrowing, and accelerate their movement to the southeast, further aggravating the economic backwardness of underdeveloped areas; What's more, funds from underdeveloped areas that were in urgent need of funds were transferred to developed areas where funds were already abundant through the branch network of large banks, leading to a growing regional gap. This vicious circle will cause hidden dangers in the overall economic development of the country and affect social stability and harmony. In this case, the establishment of community banks can fill the gap in financial services. Its "absorb local, use local" capital operation mode can alleviate the previous siphon phenomenon and its possible negative impact, and promote the smooth and orderly development of the market economy.
In a word, community banks have become one of the best ways to change the dual structure of the current financial industry, promote the overall adjustment of the banking structure, alleviate the imbalance of regional economic development, and solve the financing difficulties of SMEs. China now has fertile soil and convenient conditions to cultivate community banks, so we should speed up the pace, Create a healthy environment for the growth of community banks.
5、 The development model of community banks in china
Community banks have achieved great success in the United States, but this does not mean that their development model in China will also copy the United States. In this regard, scholars put forward some suggestions on the current development of China's banking industry: Qian Shuitu and Li Guowen (2006) believed that there are three ways to set up community banks: the establishment of private enterprise capital, the transformation of existing small financial institutions, and the guidance of informal private finance to community banks; Peng Lu (2007) learned from the successful experience of American community banks in stimulating the economic development of underdeveloped regions and sectors, and believed that in order to solve the duality of economic structure and financial structure, China should take community banks as the financial support for the development of local economy, so as to achieve the coordinated development of community banks and local economy.
On this basis, this paper believes that the development path of community banks should be determined according to the economic development degree of different regions. First, in terms of the size and number of banks, due to the large number of banks in developed regions, unclear division of labor and serious homogenization of competition, the original small-scale regional banks can be adjusted and restructured mainly by means of transformation to gradually standardize them and become qualified community banks; However, in underdeveloped areas, the number of local banks is limited, so we can build and reform them simultaneously, integrate and plan the existing small banks with poor management, such as credit cooperatives, strengthen supervision and management, develop institutionalized and scientific development paths, and build a number of community banks that meet the requirements, so as to distinguish them from the old banks from the beginning, At the same time, it is easier to absorb new talents and establish new management systems.
Secondly, by summing up the problems in the early development of banks in China, we should rethink and reposition the property rights of community banks. The core of the property right model of community banks is the organizational form of corporate property rights. The ownership of community banks determines the distribution and balance of their internal power, which is the most important core content of banks. The property right organization form of foreign community banks is generally a joint-stock system. According to the requirements of "separation of two rights" of joint-stock companies, the corporate governance structure is constructed, and commercial operation and management are carried out according to the goal of maximizing profits. Due to historical reasons, cultural differences and large gap between rich and poor among regions in China, the establishment of community banks can be adapted to local conditions to explore the combination of joint-stock system and cooperative system. Small and medium-sized financial institutions in some national central cities and economically developed coastal counties and prefecture level cities can be reorganized into joint-stock community banks; The small and medium-sized banking institutions in some regional central cities and economically developed counties and prefecture level cities can be reorganized into community banks with a joint-stock cooperative system; Rural credit cooperatives should be transformed into cooperative rural community banks in the vast counties and financial underdeveloped areas.
Finally, community banks should establish a sound internal control system and risk management system. For all banks, the root cause of their crisis is their inability to effectively control risks: community banks are small in scale, limited in capital, and weak in risk resistance. Once risks occur, they will quickly fall into bankruptcy crisis. Therefore, the development of community banks must pay more attention to the prevention and control of risks. Due to the high industry concentration and loan risk concentration, small loan amount and scattered loan customers, community banks should formulate standardized credit management policies and procedures and strictly implement them; At the same time, the limited liability of enterprises should be transformed into the unlimited liability of legal representatives, actual controllers and major shareholders; Concentrate on collecting customer information, eliminate bad debt losses caused by asymmetric information, and effectively avoid possible credit risks. At the same time, community banks should strictly control the deposit loan ratio, ensure that the maturity of assets and liabilities match, maintain sufficient capital adequacy ratio, and achieve the purpose of avoiding liquidity risk.
6、 Research conclusion
According to the previous analysis, this paper draws the following conclusions: (1) Although the development of community banks in China is in its infancy, facing many difficulties and certain shortcomings, its development prospects in China are optimistic and have certain objective inevitability; (2) In the process of gradually opening up the market and promoting the integration of the banking industry, China has bred fertile soil suitable for the development of community banks. The development of community banks in China is completely feasible; (3) To establish community banks in China, it is necessary to select appropriate development models in combination with China's financial environment. Different development strategies should be adopted in different economic regions. In developed regions, integration is the main form, and shareholding system is often adopted. In underdeveloped regions, integration and new construction should be adopted in combination with their own conditions, The property right mode should also choose the shareholding system or the joint-stock cooperative system according to the situation. (4) The development of community banks is a continuous process. If they want to achieve a healthy and long-term steady development, they must pay attention to the grasp and control of risks. Therefore, establishing a strict internal control system and risk management system has become an urgent problem.
Chapter 7: Model article on the difference between market economy and planned economy
China's "Eleventh Five Year Plan" clearly points out that we should support qualified enterprises to "go global", invest overseas in accordance with the prevailing international rules, encourage overseas project contracting and labor export, and expand mutually beneficial cooperation and joint development. Therefore, in the future opening up, we must adhere to the policy of combining "bringing in" with "going out", and especially pay close attention to the research and implementation of the "going out" opening strategy. This paper analyzes the international development environment of China's small and medium-sized enterprises, in order to help China's small and medium-sized enterprises to take appropriate strategies to carry out international operations and improve their competitiveness in the international market.
Analysis on the International Development Environment of SMEs
The World Economic Environment for the Internationalization of SMEs
International operation of enterprises has become an important trend of world economic development. Economic globalization has accelerated the international operation of enterprises. After the war, international enterprises and transnational corporations have sprung up like mushrooms. By the end of 2004, the global flow of foreign direct investment had reached 648 billion dollars. From the perspective of countries and regions participating in internationalization, the international operation of the modern world includes both developed countries and developing countries and regions. The scale, mode, scope and region of investment have changed, and the speed of investment has greatly accelerated. The growth of international direct investment has not only exceeded the growth of global output, but also exceeded the growth of international trade. The investment region has also shifted to both developed and developing countries.
The trend of regionalization, collectivization and integration of the world economy has strengthened. In the past two or three decades, international economic integration has received more and more attention both in theory and practice. Nowadays, the world has formed various economic circles by region, among which the typical ones are the European Union, the North American Free Trade Area, and the Asia Pacific Economic Circle. The rise of regional economic integration is obviously beneficial to enterprises in the economic circle, but not to enterprises outside the region. Foreign direct investment can bypass foreign trade protection, so as to open up new international markets, or maintain the existing market share, or even gain some benefits from trade barriers in the host country. In addition, foreign direct investment is also a preventive countermeasure. It can enter the export market in advance to carry out production and business activities in accordance with the possible new trade protection policies in the export market.
The center of gravity of the world economy shifted. In the past ten years, the international economic environment has undergone profound changes, of which two major trends have become increasingly obvious and attracted people's attention. First, the "gravity center" of the global economy will shift from the Atlantic Ocean to the Pacific Ocean. The economy of the Asia Pacific region has continued to grow at a high speed in recent years, and the total volume of foreign trade and foreign exchange reserves have also increased day by day. Second, economic development will shift from the northern part of the Northern Hemisphere to the south. In the future, the most dynamic regions of the world economy will be concentrated in the resource and labor intensive South. As the planned economy model is increasingly replaced by the open market economy system, the possibility of economic movement to the south increases.
The diversification of social needs leads to the shortening of product life cycle. The individuation and diversification of product demand make the product life cycle shorter and shorter, and the R&D expenses of enterprises rise rapidly, increasing costs. In this case, in addition to adjusting the product structure, enterprises can maintain the reasonable production scale of innovative products, extend the life cycle of products, and make good returns on research and development investment of enterprises through foreign direct investment and opening up overseas markets. Small and medium-sized enterprises are close to the market and consumers. They have strong affinity, awareness and imitation ability. They can more sensitively capture the information of the international market and make rapid response.
The adjustment of products and industrial structures in various countries accelerated. The development of science and technology has shortened the life cycle of products. At the same time, many countries are also in the transition economy. The upgrading speed of products and industrial structure is accelerating, which has become a common trend. Due to the relative saturation of the domestic market, many countries look at the world and seek gradient transfer of industrial structure in the global scope. This has further created conditions for the outward direct investment of SMEs.
International Investment Environment for the Internationalization of SMEs
Developed countries are the largest capital suppliers and demanders. In 2004, the United States ranked first in absorbing foreign direct investment, while the United Kingdom and China ranked second and third respectively. China's absorption of foreign direct investment reached 60.6 billion US dollars, ranking only third. The 10 largest host countries absorb about 2/3 of the world's total flow of FDI, while the 100 smallest host countries absorb only 1% of the world's flow of FDI, which is quite different. With the overall economic recovery and prosperity of developed countries, the trend of developed countries dominating international direct investment is more obvious.
The newly industrialized countries in Asia have become the rising stars of foreign direct investment. With the rapid growth of the world economy, the newly industrialized countries in Asia have developed rapidly. Its good economic development prospect, huge market potential, relatively stable social environment and high rate of return on investment have attracted a large number of investors. In 2004, the inflow of foreign direct investment in East Asia increased by 46% to US $105 billion, accounting for 23% of the total international direct investment.
Central and Eastern Europe, Asia, Central America and Africa have become hot spots for international investment. Most developing countries are concentrated in these regions. These countries have witnessed rapid economic development, social stability and broad market space in recent years, so a large amount of foreign capital has poured into these regions. At the same time, these regions are rich in resources and low in labor costs. The labor costs of enterprises in developed countries or some developed regions of developing countries are increasing, and the market is becoming saturated. In order to further reduce labor costs and open up new markets, they have carried out industrial gradient transfer, based on the development strategy of globalization, and have moved to Thailand, Vietnam, Brazil Indonesia, Hungary, Russia, South Africa and other developing countries with relatively stable socio-economic environment and huge market potential make direct investment or technology export.
The main form of OFDI is market-oriented. Kojima Qing, a Japanese economist, believes that OFDI can be divided into three types according to its motives: natural resource oriented, market oriented and factor oriented. Since the 1990s, multinational corporations have adopted more market-oriented strategies in their global operations, that is, foreign direct investment has paid more attention to market capacity and share.
The number of investors was diversified, and the growth rate of outward direct investment of small and medium-sized enterprises was accelerated. In the past, the main body of foreign direct investment was mostly large transnational corporations, and people always believed that transnational investment must be done by large transnational corporations. This phenomenon has changed completely since the 1990s. As the trend of world economic integration continues to strengthen, the world economic pattern has changed greatly. In order to survive and develop and integrate into the world tide as soon as possible, a large number of small and medium-sized enterprises have also joined the ranks of transnational investment and become small and medium-sized transnational corporations. At the same time, the trend of internationalization and integration of the world economy also provides good environmental conditions for SMEs to enter the international market. In particular, some countries have given many preferential policies to foreign investment, enabling SMEs to seize the historical opportunity, adopt the strategy of "going abroad and learning from the world's strengths", and set up their business and production bases in countries and regions with comparative advantages in labor, technology, resources, markets and other factors, forming a beautiful landscape of international investment.
The Technological Environment for the Internationalization of SMEs
The progress of information technology promotes the development of knowledge globalization, and makes the unit cost drop sharply, thus stimulating the demand of information market and driving the economic development. The development of information technology and the standardization of technical means, as well as the decline of other service costs, provide a prerequisite for SMEs to allocate labor and capital resources globally at low cost, and also provide new opportunities to enter the markets of other countries. Information technology not only makes investment activities easier to control and form expectations, but also makes investors' analysis of investment activities more affected by other investors' information. The domino effect has become a common phenomenon.
The globalization of knowledge economy has transformed the competition from the competition of tangible capital to the competition of intangible capital, from the competition of land, capital and labor population to the competition of human capital, capital, information and knowledge, and the principle of comparative advantage in international trade is also facing an internal major adjustment. Natural endowments are not only land, population, resources, technology and capital, but also intangible endowments such as innovative technology, information resources and intellectual potential. Information resources, innovation ability and knowledge elements together constitute the new elements of contemporary international competition. Information and knowledge can bring manufacturers higher production efficiency and lower unit production costs to gain cost advantages, or provide manufacturers with a choice of differentiated strategies, or provide manufacturers with business opportunities to choose partners to form strategic alliances. The international economy under the condition of knowledge economy is more competitive, but it also puts forward higher requirements for the cooperation ability between manufacturers. Competition and cooperation will become the mainstream of international economic development. Internationalization - [Fino]
Under the condition of knowledge economy, the strategic position of international operation of SMEs is more prominent. The complementarity of knowledge is gradually replacing the complementarity of material capital, thus changing the subsidiary status of SMEs to large enterprises under the traditional industrial economy. The relative status between enterprises depends on the quality and quantity of knowledge they have. Therefore, the resource allocation capacity of SMEs is almost the same as that of large enterprises. Small and medium-sized enterprises can establish international relations through international and domestic networks, share the world's most cutting-edge product information, market information and technical information, expand domestic and international markets, and carry out technology transfer that only large companies have the technical strength to carry out. Now small and medium-sized enterprises can distribute products through international marketing networks. Each small and medium-sized enterprise can occupy its own living space in the international industrial division of labor by committing itself to doing its best project. The popularity of modern information technology, especially the rise of the Internet, has changed the situation that SMEs lag behind large enterprises in obtaining information in the past, and has broken the monopoly advantage of large enterprises in information ownership. In short, in this era, the resource allocation efficiency of SMEs has been greatly improved. In order to produce a product or provide a service, it can easily obtain information from all over the world and organize production factors.
Build a domestic supporting environment for the international development of small and medium-sized enterprises
At present, the development of small and medium-sized enterprises in China is increasingly valued by all parties, but there are still some problems such as too complicated approval procedures, narrow financing channels, inadequate policies, few financial assistance and tax preferences, and weak social service system, which have become obstacles to the implementation of international development of small and medium-sized enterprises. Therefore, a good supporting environment has important and practical significance for the international development of SMEs. Using the advanced practices of foreign countries for reference, the author believes that we must build a good supporting environment for the internationalization of SMEs in China in the following aspects.
We will accelerate legislation to promote the development of small and medium-sized enterprises. As an important part of the economy, SMEs must speed up their legislation in order to create a good environment for entrepreneurship and innovation and support their rapid growth. It is necessary to formulate laws such as the Law of Chinese Enterprises on Foreign Investment as soon as possible, as well as supporting administrative regulations, to standardize foreign investment behavior by legal means, and further simplify the procedures for foreign investment projects and transnational corporations' personnel going abroad.
The government should strengthen the support for small and medium-sized enterprises. This is conducive to actively exploring the international market. At present, China has set up a small and medium-sized enterprise bureau at the provincial level. However, most of our SMEs are located in cities and towns, even villages and towns, so we should set up SME bureaus in cities and towns, so that management and operation will be more convenient, information transmission and feedback will be more immediate, and it will be easier to carry out management and coordination in a wide range of areas; At the same time, we should reduce or exempt taxes on overseas investment of small and medium-sized enterprises and implement differential tax rates.
We will improve the social service system for small and medium-sized enterprises. In terms of improving the socialized service system, we should learn from the experience of Taiwan's improved SME guidance system. There are ten such systems, namely, financial financing, business management, production technology, research and development, information management, industrial safety, pollution prevention, marketing, mutual cooperation and quality improvement. To this end, it is suggested to establish an association or federation of small and medium-sized entrepreneurs to provide advisory services in policy, law, market, economy, technology and finance. Study various problems faced by SMEs, provide technical "diagnosis" and "health care" services for enterprises, and provide necessary assistance in a timely manner.
Improve the financing environment for SMEs. State owned commercial banks should further enhance their service awareness for SMEs and implement measures to improve financial services for SMEs. Properly solve the problem of asymmetric loan constraints and incentives for SMEs. For example, the double assessment of loan amount (meaning multi income) and loan quality will be carried out for loan granting, and the completion of loan granting task will be rewarded, otherwise punished; However, in case of risk loss of the loan, the investigators, decision makers and reviewers of the loan will be fined according to the corresponding proportion. Under this mechanism, credit officers are more active in exploring loan demand, and can find out the loan risk base through in-depth investigation, so as to better balance the relationship between loan income and risk. Increase credit business innovation.
Establish and improve the guarantee system for SMEs' foreign direct investment. Small and medium-sized enterprises in China are relatively small, and their ability to resist political risks, operational risks and transaction risks in the process of internationalization development is weak. For this reason, on the one hand, in view of the characteristics of developing countries, which are still the key regions of China's SMEs' outward direct investment, and developing countries have relatively large political and social risks, it is necessary to step up signing bilateral protection agreements with these developing countries. On the other hand, we should establish a guarantee system for foreign investment, that is, a domestic legal system to protect capital and encourage Chinese enterprises or individuals to invest abroad. Insurance companies are encouraged to carry out insurance business not only for foreign-funded enterprises investing in China, but also for domestic small and medium-sized enterprises investing abroad, so as to eliminate investors' concerns and concerns and enable investors to better develop international business.
reference:
Chapter 8: Model article on the difference between market economy and planned economy
Key words: public power restricting competition; administrative monopoly; anti-monopoly law; regulation mode
The act of restricting competition implemented by public authority institutions is habitually called "administrative monopoly" in China, but administrative monopoly cannot generalize all the situations of restricting competition in public authority institutions in reality. It is just a typical act and is considered illegal in most cases. From the practice of other countries, it is not an accidental phenomenon that the anti-monopoly law regulates public rights, but has accumulated relatively mature experience in legislation and law enforcement. The restriction of administrative power on competition is only one of the public power restrictions on competition, and the regulation of other countries' anti-monopoly laws on public power restrictions on competition is not limited to the so-called administrative monopoly. Based on this, this paper puts forward the concept of "public power restricting competition behavior", and tries to explain the nature of public power restricting competition behavior by comparing the regulation modes of various countries' anti-monopoly laws on this kind of behavior, and then explains the status of this kind of behavior in anti-monopoly law.
Although public power restriction on competition exists in all countries, its manifestations and specific contents will also be different due to different economic development models and traditions of public power operation. Considering that the regulation of public power restriction on competition from the entity must have a strong national color, this article only involves a brief analysis of the regulation mode, and does not make too much comment on the specific content. Specifically, the regulatory model discussed in this paper includes two aspects: one is the regulatory style adopted by anti-monopoly laws in various countries, and the other is the basic attitude of anti-monopoly laws towards such acts.
1、 Proposition of the Concept of "Public Rights Restricting Competition"
（1） The Inevitability of Public Authority Restricting Competition
In the field of anti-monopoly law, "competition" not only represents a factual description, but also is regarded as a value worthy of universal affirmation and respect. Competition not only has the individual functions of reducing ignorance, spreading knowledge and restraining errors, but also can promote the rational allocation of resources and the realization of social interests. Therefore, competition "itself is an economic order" [1] The direct goal of anti-monopoly law is to pursue freedom of competition. All unreasonable restrictions on competition are considered incompatible with competitive value not only in theory but also in practice. From the perspective of national legislation, the concession of competitive value mainly comes from two forces: the market itself and the national public authority. The anti-monopoly laws of various countries clearly regulate the restrictive competition behaviors among operators, while the attitude of anti-monopoly laws to the restrictive competition behaviors of public authorities has always been divergent and ambiguous.
In recent years, the discussion on the restriction of competition by public power institutions in China has mainly focused on "administrative monopoly", and has mostly expounded its harmfulness from a negative perspective. An objective analysis of the restrictions imposed by public authority institutions on market competition reveals that the state's concession of competitive value for specific reasons is often based on rational considerations such as protecting people's livelihood, supporting the development of specific industries, and maintaining national economic security and stability. As for the administrative monopoly, which has been criticized for a long time, it is actually just an unreasonable restriction on competition by the public authority, which is one of many public authority restrictions on competition.
The restriction of competition by public power comes from the intervention of public power in economic life. Under the modern market economy system, the state's regulation and regulation of economy is inevitable. Therefore, the discussion on the restriction of competition by public power cannot be conducted from a negative perspective. As far as the nature of the behavior is concerned, the restriction of the public authority on competition has both rationality and irrationality, and even the same behavior will have two aspects at the same time.
The causes of public power restrictions on competition are complex and diverse. Almost all countries have similar behaviors, but their names, connotations, and degrees of independence are different. Specifically, public authorities may restrict competition under the following circumstances:
First, "market failure". "Market failure" leads to the need for the government to intervene in the field of market economy from both micro and macro aspects. Micro intervention is very likely to lead to direct restrictions on competition, and macro intervention may also form indirect restrictions on competition. There are various forms of restrictions in the micro aspect, such as compulsory transaction, compulsory restriction of competition and restriction of market access. The macro restrictions are mainly manifested in providing tax preferences or financial subsidies to relevant market entities. Specifically, "market failure" focuses on the supply of public goods, externalities, "information bias" and other issues. The government's solution to these problems may result in restrictions on competition. For example, in order to solve the shortage or lagging phenomenon of the production and supply of public goods, the government can only monopolize public goods or grant private concessions to operate them; In order to solve the problem of negative externalities, the government will adopt policies to restrict the entry or expansion of industries or regions with serious pollution, or clearly define the specific business scope of specific regions; The products with positive externalities often suffer from insufficient market supply. To solve this problem, the government may choose to monopolize supply or authorize some enterprises to produce supply, which may also lead to the problem of restricting competition; As for the "information bias", the government often solves it by establishing a reputation mechanism or developing an information sharing system, such as the assessment system, licensing system, qualification review system, etc., which is also a restriction on the market.
The second is economic transformation. After World War II, Japan, South Korea, India, Latin American countries and Taiwan have all experienced economic transformation to varying degrees. At present, the two major models of economic transformation are the "radical" reform represented by Russia and the "gradual" reform represented by China. Most countries with economies in transition are in the transition period from a planned system to a market system. This situation determines that the role of the government is not only to solve the problem of "market failure" as in developed countries, but more importantly, to actively and effectively cultivate the market, effectively regulate economic operation, and prevent the market mechanism from playing a fundamental role in regulating, There are economic recession, market disorder and other problems. Therefore, in countries with economies in transition, there are far more serious public power restrictions on competition than in developed countries.
Third, special consideration. The direct reason why public authorities restrict competition may be based on special value pursuit or interest considerations, which can be divided into legitimate and illegitimate considerations. The legitimate restriction on competition is often the result of the public authority performing its duties, for example, to encourage technological innovation and support the formation of a monopoly intellectual property system; In order to promote economic benefits, control prices, access and other aspects in the field of natural monopoly; In order to avoid economic risks, strict standards are set for market access in the financial field; In order to protect national interests, it is necessary to implement the principle of "national priority" in government procurement; In order to support specific industries, tax incentives or financial subsidies are implemented in certain areas. On the other hand, public power institutions will also impose undue restrictions on competition, which is mainly the result of the abuse of public power. The so-called "power capitalization" or "power economy" are typical of such acts. In China, the most common manifestation is the "administrative monopoly" that we have been criticizing.
It can be seen from the above that the involvement of national public power in economic life has complex causes. On the one hand, it may be based on legitimate regulation of the market, on the other hand, it may also be improper intervention in the market. What we used to call "administrative monopoly" is nothing more than a specific act of public power restricting competition.
（2） The Definition of "Public Power Restriction of Competition"
Since "administrative monopoly" cannot completely generalize the restrictions on competition by all public authorities in reality, this paper puts forward the concept of "public authority restrictions on competition", which is more conducive to explaining the "administrative monopoly" widely existing in other countries similar to China. After specifying the meaning and nature of administrative monopoly, it may be a unique phenomenon in countries in transition, but public power restrictions on competition exist in all countries. For example, the restrictions on free competition formed by the economic and social regulation of the United States, the regulation of the European Community on the state behavior and state-owned enterprises of member countries, the control of the Russian government on natural monopoly industries, the control of specific acts of power agencies, and the differential treatment of different industries and different subjects in the financial policies of countries are all the contents of the public power restrictions on competition.
The difference between public power restriction of competition and administrative monopoly is mainly manifested in the content and nature, which leads to their different positions in the anti-monopoly law. In China, the subject of administrative monopoly is generally considered as an organization authorized by administrative organs and laws and regulations to manage public affairs. In other words, administrative monopoly is a kind of restriction of administrative power on market competition. The subject of public power restriction on competition is extensive, not limited to the subject of exercising executive power, but including the entire national public power institutions, namely the legislature and judiciary, which may also restrict market competition, especially the legislature. Legislatures that are likely to restrict competition include both central and local legislatures. However, most of the normative documents formulated by the central legislature are not subject to the review of the anti-monopoly law due to legislative hierarchy, but their restrictions on competition still fall within the scope of public power restrictions on competition. As for the judiciary, in many countries, it has the function of hearing cases according to the antimonopoly law, so the antimonopoly laws of various countries do not directly point to the judiciary, but its restrictions on competition may still exist, for example, it is not illegal to rule on illegal monopoly behavior.
In terms of nature, the acts of restricting competition by public power can be generally divided into two categories: reasonable restrictive acts and unreasonable restrictive acts. Generally speaking, for the need of regulating the economy, the restriction of public authority on market competition is inevitable, but this restriction must implement the principles of "legality", "moderation" and "performance" [2]. If it exceeds the limits set by law, it will form unreasonable restrictions on competition. Unreasonable restrictions are inconsistent with the purpose of the anti-monopoly law, and it is necessary to accept the regulation of the anti-monopoly law. Therefore, the anti-monopoly law of developed countries has not excluded the review of public power restrictions on competition, but in terms of specific review, they will be treated differently because of the different nature of the behavior. In contrast, the nature of administrative monopoly in China has now been specified as an illegal act, which is both an administrative illegal act and an act in violation of the anti-monopoly law, with dual illegality. The different nature of the two determines that China's Anti monopoly Law is very strict in regulating administrative monopoly. It not only explicitly prohibits various acts of "abusing administrative power to eliminate and restrict competition", but also does not set any exemption provisions for these acts.
From the perspective of manifestations, the types of public power restrictions on competition are also diverse, including direct subsidies (such as monetary subsidies, subsidized loans, tax preferences, etc.) to specific industries or enterprises or direct control of product prices in specific industries (such as natural monopoly industries), as well as indirect restrictions such as restrictions on market access or the formulation of mandatory standards [3] Even in a broader sense, the restriction of competition by public power also includes the protection of intellectual property by the state.
From the above analysis, it can be seen that the nature of the act of restricting competition by public power cannot be generalized, and its causes are also complex. Therefore, in legislation, different situations should be treated separately. On the other hand, due to the different performance and severity of the act of restricting competition by public power in various countries, different countries have different attitudes towards this act, thus forming different modes of regulating this act in anti-monopoly law.
2、 Antitrust Law Regulation Style of Public Rights Restricting Competition
In fact, both the countries in economic transition and the developed countries have legislation or practice to regulate the behavior of public power restricting competition, but there are great differences in the regulatory style and specific content among countries. Due to the different economic development history and the great difference in the experience accumulated in anti-monopoly legislation and law enforcement in various countries, whether it is necessary to restrict competition by public power is specifically stipulated in the anti-monopoly law as an independent issue. Countries in transition and developed countries have chosen different legislative or regulatory styles.
（1） Special regulations
In Russia, Ukraine and other countries, public power has a long tradition of direct involvement in economic life. The economic development process of these countries is very similar to that of our country. They all had a highly centralized planned economic system. Later, they all implemented market-oriented economic system reform. This system reform is mainly manifested in the process of the gradual withdrawal of public power from the market field. However, in the process of economic transformation, the penetration of public authority institutions into economic life is still obvious in reality, and the restrictions on market competition from public authority institutions were once widespread. Therefore, in order to prevent and restrict administrative power from distorting the market competition mechanism, it is necessary for public power to restrict competition as a special issue.
For this reason, in order to prevent relevant public authority institutions from withdrawing from the economic field, Russia has specifically stipulated public authority restrictions on competition in its Law on Competition and Restriction of Monopoly Activities in the Commodity Market (hereinafter referred to as the Russian Anti monopoly Law).
Article 4 of the Russian Anti monopoly Law defines "monopolistic activities" as "actions undertaken by economic entities or federal administrative authorities, administrative authorities of various departments of the Russian Federation and municipal authorities that conflict with anti-monopoly laws, as well as actions that tend to prevent, restrict and eliminate competition". Here, the public authority and the economic entity are stipulated together, but in the subsequent chapter of "monopoly activities", the law stipulates the "monopoly activities" of the public authority and the "monopoly activities" of the economic entity separately, and the content of the public authority restricting competition is even more than the monopoly activities of the economic entity [4]
From the perspective of the provisions of the Russian Anti monopoly Law on the public right to restrict competition, it does not announce general rules, but stipulates detailed measures. The specific scope involves not only abstract formulation and issuance of instructions, but also specific monopoly agreements (collaborative behavior), and even restrictions on institutional settings and power granting that may affect competition. In terms of specific regulatory measures, on the one hand, the Russian antimonopoly law has established the absolute authority of the competent authority, giving the federal antimonopoly authority the absolute veto power on the public authority to restrict competition, on the other hand, it has also set strict legal responsibilities for the public authority and its officials.
In addition to the Russian anti-monopoly law, which has very detailed provisions on public power restrictions on competition, most of the countries in transition from a planned economy to a market economy also generally involve public power restrictions on competition (especially administrative monopoly) in the anti-monopoly laws formulated after the transition, for example, the Law of Ukraine on Prohibiting Monopoly and Unfair Competition in Enterprise Activities (1992) and the Anti monopoly Commission Law (1993), Hungary's Law on the Prohibition of Unfair Competition (1990), Bulgaria's Law on the Protection of Competition (1991), etc. [5]
（2） Integrated regulation
Most of the United States and the member states of the European Community have transitioned from the era of free competition to the current market economy system. Government intervention is not obvious in economic life. Public power restrictions on competition did not emerge as a serious problem at the beginning of the anti-monopoly law, This makes the antitrust law of the United States and the competition law of the European Community mainly aim at the restriction of competition by private subjects. However, in law enforcement or judicial practice, the scope of application of the anti-monopoly law has been extended to almost all subjects, including the government. The absence of provisions in the legislation does not affect the regulation of public power restrictions on competition in practice, which is actually related to the fact that these countries have always attached importance to law enforcement, judicial practice or the tradition of implementing precedents.
Most of the regulatory principles and measures of the United States and the European Community on the public right to restrict competition are developed from cases, and generally follow the general competition principle, that is, no matter whether the subject is a private subject or a public authority, it cannot implement acts that are contrary to the provisions or spirit of the anti-monopoly law. Different from the way that the transition countries directly stipulate the public power to restrict competition in the anti-monopoly law, the principles and methods of the regulation of the public power to restrict competition in the United States Antitrust Law and the European Community Competition Law are mainly established through the interpretation of legal terms in law enforcement and judicial practice.
1. "Person" in American Antitrust Law
In the written antitrust laws of the United States, there is no direct provision for public authority to restrict competition. However, in judicial practice, the government agencies have taken the restrictive competition behavior as the regulatory scope of the antitrust law.
The Sherman Act explicitly prohibits "every person" As for the specific scope of "people", the provisions of the Sherman Act are vague, but according to the jurisprudence of the Supreme Court, "people" in the American antitrust law has a very broad meaning, except for natural persons, partnerships, companies, non corporate organizations and other business entities recognized by federal, state and foreign laws, It also includes municipal organs and government officials who are defendants in the lawsuit [6] In fact, from the perspective of the provisions of the Sherman Act and the boundary of the federal government's power of economic regulation, the Sherman Act does not exclude the state governments from formulating antitrust laws or regulatory rules to achieve economic regulation, but the Sherman Act does not exclude the jurisdiction of the local government for restricting competition.
2. "Enterprise" in EC Competition Law
The main purpose of the EC Competition Law is to promote the establishment of a unified European market. Therefore, any act incompatible with the common market may be prohibited, regardless of whether the subject is an economic entity or a state organ. From the legislative point of view, the EC Competition Law does not directly stipulate the public authority's restriction on competition, but in practice, it has included the behavior of public authority institutions into the scope of regulation through the expanded interpretation of the concept of "enterprise".
Any act of restricting competition in the EC Competition Law will involve enterprises, but the EC Treaty does not stipulate the concept of enterprises. It is believed in practice that the scope of enterprises is very wide. Whether an entity can be regarded as an enterprise depends on whether it can appear as a legally and economically independent actor in related activities that restrict competition, regardless of whether it has a profit motive. This involves whether the economic activities of national institutions can be regarded as enterprises and thus be regulated by the EC competition law. The European Court of Justice gave a positive answer to this question in Hoefner case [7] in 1991. The main dispute in this case lies in the nature of the employment introduction activities of the German Federal Labor Office. The court pointed out that "enterprises include all entities engaged in economic activities, regardless of their legal status and financing methods... For the purpose of applying the competition rules of the Community, an organ such as a national organ engaged in commercial employment can be regarded as an enterprise."
This decision is of great significance in the competition law of the European Community. It establishes the general principle that the competition law of the European Community applies to state organs, that is, to engage in economic activities. If the state organs exercise the state functions and powers, that is, public powers, their actions can be exempted from the competition law of the European Community; On the contrary, the provisions of Articles 81 and 82 of the EC Treaty can be applied if the act of a State organ is deemed to be engaged in enterprise activities. Therefore, the scope of application of the EC Treaty has been expanded in practice, not only to economic entities engaged in profit-making activities, but also to state organs.
3、 Anti monopoly Law Regulation Attitude of Public Rights Restricting Competition
（1） Strictly prohibited attitude
An important feature of countries with economies in transition is that the market mechanism is weak, and the basic role of the market has not yet been fully played. Therefore, the government tends to think that weak markets cannot spontaneously produce effective systems, and the country should play an active role in the formation of systems and economic development. Based on this idea, the public authority intervenes in the market, which can easily lead to improper restrictions on market competition. Moreover, the economic transformation requires that public power gradually withdraw from the market field, but the tradition of public power's long-term involvement in economic life is difficult to eliminate immediately. The restrictions of public power institutions on market competition once brought serious harm to economic development in countries in economic transformation. Therefore, in the process of market-oriented reform, especially after the formulation of the anti-monopoly law, these countries have provided more severe punishment measures for the public power to restrict competition, which is basically shown in the attitude of strict prohibition in legislation.
In the Russian antimonopoly law, the specific forms of public power restrictions on competition that are prohibited or restricted are diverse, mainly including four categories: first, the laws and actions that the public power subjects point to restraining competition, namely, the federal administrative authority, the administrative authority of various departments of the Russian Federation, the decrees or actions of various municipal authorities, if the autonomy of economic entities is restricted Discrimination or favoritism towards specific economic entities that lead to or may lead to suppression of competition or damage to the interests of economic entities or citizens shall be prohibited; The second is the organization setup and power granting that may restrict competition, that is, the organization setup for the purpose of manufacturing and selling monopoly commodities is prohibited, the power that will lead to or may lead to the suppression of competition is prohibited from being granted to existing organizations, and the combination of public power with economic entities or the granting of public power to economic entities is not allowed; Third, any form of agreement (concerted action) reached between public authorities will be totally or partially prohibited or declared invalid if it leads to or may lead to suppression of competition or damage to the interests of other economic entities or natural persons; Fourth, it is also not allowed for officials of the state authority and the state administration to participate in enterprise activities (such as owning enterprises, owning enterprise shares or occupying positions in enterprises).
In addition, the strict attitude of the Russian anti-monopoly law to the public power restriction of competition is more reflected in the regulatory measures: first, it gives the federal anti-monopoly authority extensive substantive powers and guarantees the authority of its handling opinions. In the process of investigating and dealing with administrative monopoly, the federal anti-monopoly authority has the power to issue instructions [8], provide suggestions [9], impose administrative penalties [10] and obtain information [11], and in the process of law enforcement, "the handling opinions of the federal anti-monopoly authority are mandatory". Secondly, the provisions of legal liability are also very strict in the monopoly law of Russian law, that is, when the public authority violates the anti-monopoly law, "it should follow the handling opinions of the anti-monopoly authority", Implement measures such as "stop illegal acts, restore the status quo, terminate or change contracts, repeal laws and regulations in conflict, and transfer profits obtained from illegal activities to the federal treasury" according to the specified conditions and time limit. In addition, the law also stipulates that the above-mentioned subject will be investigated for civil, administrative or criminal liability once "convicted of violating the anti-monopoly laws and regulations".
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（2） Combination of prohibition and exemption
Since the reduction of competitive value may be due to economic and social needs, the exemption of anti-monopoly law from public rights is essential, which is most obvious in the anti-monopoly enforcement practice of developed countries. In view of the particularity of public power restriction on competition, the general prohibition may harm the interests of the state government or member states. Both the American Antitrust Law and the European Community Competition Law exempt public power restriction on competition that meets certain conditions. The state governments of the United States have a great deal of autonomy, and the member states of the European Community are independent sovereign units. In addition to the federal law or the European Community law, each state or member state has the right to formulate its own laws. When the state government or member states restrict competition in order to implement the policies or laws of the state government or member states, The act may be regarded as reasonable and exempted.
1. "State Rules of Conduct" in American Antitrust Law
Although in judicial practice, the Sherman Act does not exclude jurisdiction over the actions of state governments, it mainly opposes various agreements on restricting competition reached by private subjects. As far as the government actions in the anti-monopoly law are concerned, because all states have the freedom to regulate their economy, if the state government believes that it is beneficial to the welfare of citizens of the state to allow certain private entities to enter into agreements to restrict competition in accordance with state laws, it is likely to issue policies or provide promises to allow such acts that contravene federal laws to exist. This is generally recognized by the American antitrust law. Therefore, in practice, if the agreement on restricting competition reached by private parties is based on state government regulations or management behaviors, such behaviors may be regarded as "state behaviors" and exempted from antitrust laws. This is called "state action rule" in American antitrust law.
The "state conduct rule" first appeared in the Parker case in 1943 [12]. According to this rule, those that can be attributed to the "state itself" can be exempted from antitrust. In the following 30 years, the "State Rules of Conduct" were applied in many cases, and their specific contents were constantly expanded. Sometimes, the court does not consider whether the anti competitive behavior to be decided is expected by the state legislature or really necessary to achieve the goals of the state government. Other courts extend the "state behavior rules" to quasi government entities, including those composed of market entities that have only superficial contact with the state government [13] The application conditions are too broad, which makes this theory subject to criticism. Therefore, in the Goldfarb case [14] in 1975, the court gave a restrictive interpretation of the rules established in the Parker case, believing that the price fixing co sponsored by state agencies must be subject to the review of the Sherman Act.
In the Midcal case [15] in 1980, the Supreme Court further restricted the conditions for the application of the "state rules of conduct" and held that the application of the rules must meet two criteria: first, the contested acts of restricting competition must be "clearly expressed and affirmed as state government policies"; Secondly, the policy must be "actively supervised" by the state government itself. The dual requirements of "explicit expression" and "active supervision" were further clarified in the Ticor case [16] in 1992.
2. Exemption of EC Competition Law from Public Right Restriction on Competition
In the aforementioned Hoefner case, the European Court of Justice established the general principle of public power act immunity, that is, from the perspective of the nature of the act rather than the nature of the subject, to judge whether a public power act should be exempted from competition law, depending on whether it belongs to a state act or an economic activity. State organs are generally regarded as institutions that implement national management functions, and their activities are generally regarded as government management rather than enterprise behavior. However, in reality, there are situations where state organs sometimes exercise public power functions and sometimes exercise commercial functions. In this case, the European Court of Justice directly linked the criteria for the recognition of "enterprises" to the economic activities of the entity, regardless of the legal status of the entity and its source of funds, so that the economic acts carried out by government agencies were also included in the jurisdiction of the EC Competition Law. This has established the general standard for the EC competition law to apply to public power subjects: to judge whether a subject should be regulated by the competition law, one should not simply look at the habitual attribute or source of funds of a subject, but should take the economic nature of the behavior function in the case as the basis for identification, that is, adhere to the "causeless" nature of the behavior.
In addition to the economic activities of public authorities, the implementation of the EC competition law also needs to face a broader problem, that is, the support or assistance of member governments to domestic enterprises. For this reason, the Treaty of the European Community has made clear provisions on such acts, and there are also many contents related to immunity:
First, the limited exemption of member states from supporting state-owned enterprises. The content of state-owned enterprises is reflected in Article 86 of the Treaty of the European Communities, which first establishes "general competition rules" for state-owned enterprises, that is, "Member States shall not formulate or forcibly maintain any measures that violate the treaty, especially Articles 12, 81 to 89 of the Treaty, against state-owned enterprises and enterprises that the State grants privileges or exclusive rights". But at the same time, paragraph 2 of this article also stipulates: "For service enterprises or enterprises with financial monopoly that can bring general economic benefits, if the application of the provisions of the Community Treaty, especially the application of competition rules, can prevent them from completing the special tasks entrusted in law or in fact, these provisions may not be applied. However, this shall not affect the development of trade within the Community or violate the interests of the Community. ”That is to say, when an enterprise is entrusted to undertake "services with general economic interests", it can be exempted from the treaty as long as it does not violate the interests of the same entity [17]
Second, we should recognize the legitimacy of state aid coordinated with the community market. Generally, in principle, the European Community does not allow member states to distort effective competition in the community market by providing financial assistance to certain enterprises or production sectors. However, at a specific time, the state's assistance to enterprises can improve the efficiency of enterprises, which is reasonable. State aid is divided into two types in the European Community Treaty. One is the state aid that is prohibited because it is harmful to competition, which is reflected in paragraph 1 of Article 87 of the Treaty [18]; The second is the type of state assistance that is coordinated with the community market, which is reflected in paragraph 3 of Article 87 of the Treaty. Specifically, the state assistance allowed by the EC Treaty mainly includes: state assistance to promote economic development in areas with particularly low living standards or seriously underemployed areas; National assistance provided to promote important planning with the interests of the European Community or to eliminate serious chaos in the economic life of member states; State assistance to promote the development of certain economic sectors or regions; Wait [19]
4、 The Regulation Mode of China's Anti monopoly Law
（1） General characteristics of China's regulation mode
In the drafting process of China's anti-monopoly law, there was once a great dispute about whether it was necessary to make special provisions on administrative monopoly. Even the concept of "administrative monopoly" has been opposed by some scholars. For example, some people think that the distinction between administrative monopoly and economic monopoly is groundless in terms of both logic and practice. There are three main reasons: first, it is difficult to completely separate administrative monopoly and state monopoly, and it is far fetched to distinguish between legal and illegal, "administrative" Monopoly cannot exclude the legitimate economic monopoly of the state; Second, administrative monopoly is not Chinese characteristics, and other countries also exist, but there is no such concept. And from the perspective of the development trend, the anti-monopoly law opposes all kinds of restrictions on competition without exception, regardless of the subject; The third is to divide the adjustment objects of the anti-monopoly law from the perspective of the subject. It is meaningful only when different subjects adopt different adjustment methods. There is no objective methodological basis for the division of administrative monopoly, economic monopoly and national monopoly. For all kinds of monopoly acts, the adjustment methods should be treated equally in all kinds of subjects. [20]
In fact, the above view is consistent with the understanding of this article on "public power restricting competition behavior". Once the meaning of administrative monopoly is specified, it cannot cover the restrictions on market competition by all public power subjects in real life, especially cannot explain the necessary restrictions on market competition caused by relevant subjects out of rational considerations. From the perspective of the subject, the monopoly behavior is divided into the public power restricting competition behavior and the private subject restricting competition behavior, which means that there are differences in the regulation mode of the anti-monopoly law for these two kinds of behaviors. In fact, the regulation of "abuse of administrative power to eliminate and restrict competition" in the Anti monopoly Law of China is not substantially different from the regulation of monopoly agreements, abuse of market dominance and concentration of business operators.
In general, the basic mode of China's Anti monopoly Law regulating "the abuse of administrative power to eliminate and restrict competition" has two characteristics: first, it is limited to the abuse of "administrative power". Article 8 of the Anti monopoly Law clearly stipulates that "administrative organs and organizations authorized by laws and regulations to manage public affairs shall not abuse administrative power to eliminate and restrict competition." Accordingly, the public power restriction on competition regulated by the Anti monopoly Law of China is actually the abuse of administrative power by administrative subjects to eliminate and restrict competition, An illegal act that undermines fair competition in the market. The restriction of competition by the legislature and the judiciary is not stipulated in China's Anti monopoly Law. The abuse here may not only violate the specific provisions of relevant laws, but also violate the legal purpose, spirit or principle; It may be manifested through specific administrative acts, or through the formulation of normative documents and other abstract ways. This has been fully reflected in the specific provisions of Chapter V of China's Anti monopoly Law. Second, adopt the basic attitude of prohibition. Since it is an act of "abusing administrative power to eliminate and restrict competition", it should certainly be prohibited by the Anti monopoly Law. The question is, China's Anti monopoly Law does not provide for the restriction of competition by the legislature and the judiciary. Does this mean that the behavior of these subjects is, of course, excluded or exempted from the application of the Anti monopoly Law? In addition, are the restrictions on competition of "administrative subjects" all caused by the abuse of "administrative power"? What is the status of the administrative subject's action of restricting competition based on reasonable purposes in China's Anti monopoly Law? From the existing provisions of China's Anti monopoly Law, it is difficult to find answers to these questions. In order to answer these questions accurately, we must jump out of the framework of "abusing administrative power to eliminate and restrict competition" and analyze it from the perspective of "public power to restrict competition" in a broader sense.
（2） A Brief Evaluation of China's Regulation Mode
In China, administrative monopoly is specifically referred to as the act of "administrative subject" abusing "administrative power" to restrict competition. However, in fact, any abuse of public power may restrict market competition. The concept of "administrative monopoly" cannot include the act of restricting competition of legislative and judicial organs.
In the United States, the so-called "state government behavior" is not limited to the narrow scope of administrative agencies, as long as it is government behavior that affects market competition, whether it is the behavior of state government officials, institutions, municipal authorities, bar associations or other special committees, or the decrees of local legislative departments, decisions of judicial departments, or regulatory measures of administrative agencies, As long as it has an impact on market competition, it may be subject to judicial review of the antitrust law, and decide whether to exempt according to the "State Rules of Conduct". In the European Community, the act of supporting state-owned enterprises or state aid of member states reviewed by the Commission is not limited to the decisions, orders or specific acts of administrative organs, but includes the acts of all public authorities of member states. Therefore, the reference to "public power restricts competition" is closer to the law enforcement or judicial practice of these countries. From the perspective of objective needs, the harm of the restriction of market competition by the legislature and the judiciary is no less than the restriction of the administrative organ on market competition. In order to maintain an effective market competition order and ensure the effectiveness of anti-monopoly law enforcement, it is also necessary to regulate the restriction of competition by the legislature and the judiciary.
In China, the term "administrative monopoly" has been widely used and has a specific meaning. The "abuse of administrative power to eliminate and restrict competition" in the Anti monopoly Law also limits the scope to the abuse of "administrative power". Therefore, the restriction of competition by the legislature and the judiciary is not subject to the review of the Anti monopoly Law at present. In addition to taking into account the particularity of the legislature and the judiciary, it is mainly because the restrictive competition behavior of the administrative subject is more universal and harmful in China, so it is more necessary to regulate. Moreover, there are still institutional obstacles in our country to stipulate the review of the legislative and judicial organs by the anti-monopoly authorities. In this case, even if it is stipulated, it is not operational. However, restrictions on competition by other public authorities may exist. Especially in theory, the study of administrative monopoly should not be limited to the restriction of competition by administrative subjects, but should focus on all forms of public power restriction of competition.
The biggest difference between administrative monopoly and public power restriction of competition lies in the different subjects. The main body of administrative monopoly is mainly administrative organs, sometimes including public organizations with administrative power, while the main body of public power restricting competition is state organs, including not only administrative organs, but also legislative and judicial organs. However, due to its special way of intervening in the economy, the judicial organ must also try cases in accordance with the anti-monopoly law. The general anti-monopoly law does not directly point to the judicial organ, but the restriction of the legislature on competition is inevitably included in the public power restriction on competition.
Of course, the emphasis on the inclusion of competition restriction behaviors of all state organs in the scope of the anti-monopoly law does not mean that the anti-monopoly law prohibits all these subjects' competition restriction behaviors. From the practice of the United States and the European Community, although opposing monopoly and promoting competition are universally recognized values, there may also be reasonable reasons for certain national restrictions on free competition. Therefore, exemption from certain public power restrictions on competition is essential. In China, because administrative monopoly has been specified as an act of abuse of administrative power, it is naturally stipulated as an illegal act in law, which is reflected in China's anti-monopoly law. There is no exemption for the act of "abuse of administrative power to eliminate and restrict competition".
Acknowledging the existence of "public power restricting competition" means that we must distinguish different actors and set up different exemption principles. As mentioned above, due to its special nature, the judicial authority is generally not subject to the review of the anti-monopoly law, that is, it is excluded from the application of the anti-monopoly law as a whole [21]. Therefore, the exemption of the anti-monopoly law from public power restrictions on competition is mainly applicable to the legislature and the executive.
The behavior of the legislature to restrict competition includes the behavior of the central legislature and the behavior of the local legislature. Due to the influence of legal hierarchy, the central legislature's anti competition behavior is generally excluded from the application of the anti-monopoly law, or can be exempted from the anti-monopoly law. The exemption of the anti-monopoly law from the central legislature is mainly manifested in the fact that the central legislature can promulgate certain laws so that certain industries directly do not apply the provisions of the anti-monopoly law. For example, the US Congress explicitly promulgated the Mc Carran Ferguson Act to exclude the insurance industry, the Federal Aviation Act to exclude the aviation industry, and the Reed Bullwinkle Act to exclude the application of antitrust laws in the ground transportation industry and other industries. The provision of Article 87 of the Treaty of European Communities on State aid to member states can also be regarded as an exemption from the restriction of competition by the central legislature. There are also relevant provisions in China, such as the Postal Law, which stipulates that "the postal enterprises under the competent department of postal services under the State Council are public enterprises owned by the whole people to operate postal services. Postal enterprises set up branches to operate postal services in accordance with the provisions of the competent department of postal services under the State Council." In fact, it is through legislation that postal enterprises are given exclusive rights in the postal market, It is a restriction on market competition by the legislature. However, since the Postal Law and the Anti monopoly Law have the same level of effectiveness, it cannot be considered that this behavior violates the provisions of the Anti monopoly Law.
As for the local legislature, whether its anti competition behavior has been exempted from the anti-monopoly law is inconsistent in various countries. Even in countries that have stipulated exemptions, there are often other conditions and restrictions, such as the "explicit expression" and "active supervision" standards in the "rules of conduct of states" of the United States. It should be noted that the main reason why state behavior has been exempted from antitrust law in the United States is that "under the dual system stipulated by the Constitution, a state is an independent sovereign entity, and only Congress can reduce its powers in accordance with the Constitution" [22], which makes the "rules of state behavior" to some extent have the color of "sovereign immunity". In non federal countries, the behavior of local authorities cannot claim the exemption of anti-monopoly law according to this. Therefore, the review of anti-monopoly law on local authorities should be affirmed in most countries.
The restrictive acts of administrative organs include those of the central government and those of local governments. In general, the exemption of the antimonopoly law from the central government is not a common practice, and generally only means that the normative documents of the central government can not accept the review of the antimonopoly law. However, in China, according to the Constitution, the State Council is the executive organ of the highest organ of state power and the highest administrative organ of the state. The functions and powers exercised by the State Council are overall. Its legal normative documents or administrative decisions, even if they are possible to restrict competition, should also be considered as acts of the state, Or it belongs to what some scholars call legitimate national monopoly [23] In terms of specific mode, it can be stipulated as applicable exception or exemption. Of course, the application exclusions or immunities here are limited to the president or prime minister representing the government and the government itself as a whole, not including the ministries and other subordinate organs within the government. As for the local government's behavior of restricting competition, it is strictly subject to the review of the anti-monopoly law in all countries. Although it may be exempted from the anti-monopoly law under certain strict conditions, the exemption is not universal practice. The "abuse of administrative power to eliminate and restrict competition" stipulated in China's Anti monopoly Law is also mainly aimed at local governments. (Source: Beijing University Legal Information Network)
Notes
[1] Cao Bing: Research on Anti monopoly Law, Law Press, 1996 edition, page 45.
[2] Both market regulation and macro-control in economic law must implement the principles of "legality", "moderation" and "performance". For details, see Zhang Shouwen: Reconstruction of Economic Law Theory, People's Publishing House, 2004 edition, pp. 328-342.
[3] The restrictions on competition in western market economy countries are mainly reflected in national regulation. There are various forms of regulation. Stigler believes that there are four main types: first, direct monetary subsidies, such as direct government subsidies and subsidized loans to certain industries; The second is the control or access control of new entry, including the restrictions imposed by the regulatory authority on enterprises' entry into specific industries, such as the special procedures such as approval for the establishment of banks, and the approval of the Civil Aviation Commission for the opening of new routes; The third is to encourage the production of industrial auxiliary products and suppress the production of substitutes, for example, the construction trade union opposes the production of labor-saving materials; The fourth is to control the price so as to obtain a higher rate of return than that in competition. For details, see [US] G.J. Stigler: Industrial Organization and Government Regulation, translated by Pan Zhenmin, Sanlian Bookstore, 1989 edition, pages 212-215.
[4] The provisions on monopoly activities of economic entities are embodied in Articles 5 and 6 of the Russian Anti monopoly Law, and the provisions on restrictions on competition by public authorities are embodied in Articles 7, 8 and 9 of the Law.
[5] See Zheng Pengcheng: Research on Legal Control of Administrative Monopoly, Peking University Press, 2002 edition, pages 153 and 157.
[6]America Bar Association， Antitrust Federalism： The Role of State Law， Monograph No. 15， 1988， p. 71.
[7] Case C - 41/90 (1991), ECR I - 1979. Cited from Wang Xiaoye, European Community Competition Law, China Social Sciences Press, 2007 edition, page 42.
[8] When it is necessary to repeal or modify the illegal orders that have been passed, stop illegal acts, and revoke or modify the contracts that have been signed but are in conflict with the anti-monopoly laws, the anti-monopoly authorities can issue binding instructions to the federal administrative authorities, the administrative authorities of various departments of the Russian Federation, and the municipal authorities.
[9] The antimonopoly authorities can provide the following suggestions to the federal administrative authorities, the administrative authorities of various departments of the Russian Federation and the municipal authorities: adopting or canceling patent rights, modifying customer fee schedules, adopting or canceling quotas, distributing tax exemptions, preferential loans and other forms of government support.
[10] The antimonopoly authorities may impose administrative penalties on the officials of the federal administrative authorities, the administrative authorities of various departments of the Russian Federation and the municipal authorities who violate the antimonopoly laws and regulations.
[11] The federal administrative authorities, the administrative authorities of various departments of the Russian Federation and the municipal authorities (their officials) are obliged to provide authentic documents, written or oral certificates and other information that may be necessary for the federal anti-monopoly authorities or their local representative bodies to carry out their legal activities according to the requirements of the federal anti-monopoly authorities or their local representative bodies.
[12]Parker， Director of Agriculture， et al. v. Brown， 317 U.S. 341 （1943）。
[13]Steven Semeraro： Demystifying Antitrust State Action Doctrine， Harvard Journal of Law & Public Policy， Fall， 2000. p. 211.
[14]Goldfarb et ux. v. Virginia State Bar et al， 421 U. S. 773 （1975）。
[15]California Retail Liquor Dealers Association v.Midcal Aluminum， Inc.， et al， 445 U.S. 97 （1980）。
[16]F.T.C. v. Ticor Title Insurance Co.， 504 U. S. 621 （1992）。
[17] In the practice of the European Commission and the European Court of Justice, the case of obtaining exemption according to the provisions of paragraph 2 of Article 86 of the Treaty of the European Communities has not yet occurred, because it is very difficult to prove that the damage of affirmative action to the trade within the community is not large enough to affect the trade of the community, which makes people doubt the practical significance of the provisions of this paragraph.
[18] Paragraph 1 of Article 87 of the Treaty of the European Communities stipulates: "Unless otherwise provided in this Treaty, assistance given by the State or given by making use of the State's financial resources, regardless of the way, may be deemed to be in conflict with the market of the Community if it favours certain enterprises or certain production sectors so as to undermine competition or threaten competition, thereby adversely affecting trade between member States."
[19] See Wang Xiaoye: European Community Competition Law, China Social Sciences Press, 2007 edition, page 275.
[20] See Shi Jichun: Two Basic Issues on the Concept and Object of China's Anti monopoly Law, published in Wang Xiaoye's Anti monopoly Law and Market Economy, Law Press, 1998 edition, pp. 52-60.
[21] There are differences in the meaning of "applicable exception" and "exemption" in the antimonopoly law: "applicable exception" means that the antimonopoly law is not applicable, which is not within the scope of the antimonopoly law; "exemption" is the result of the application of the antimonopoly law, which is to "open up" a certain behavior that should have been restricted or prohibited by the antimonopoly law after balancing interests, so as not to declare it illegal.
Chapter 9: Model article on the difference between market economy and planned economy
Abstr: The study of urban commercial spatial structure is the core of commercial geography. This paper deeply analyzes the research process of foreign urban commercial space structure from two aspects of commercial activity carrier and subject, reviews the research process of domestic urban commercial structure, and further points out the weakness and development direction of the research.
Key words: urban commercial space structure, commercial activity carrier, commercial activity subject
1 Introduction
Urban commerce emerged with the establishment of the city and is the main function of the city. The urban commercial space structure is formed by the interaction of commercial activity carriers and subjects. The carrier, namely the commercial center, is the main undertaker of commercial activities; The main body, namely consumers and business operators, is the main participant in urban commercial activities. However, it is generally assumed that business operators pursue profit maximization, so they only pay attention to consumer research. The research on urban commercial spatial structure has always been an important topic of urban commercial geography at home and abroad. Its research history has been hundreds of years, and its theory, method and research results are relatively mature. Its research fields are extensive, mainly focusing on the spatial form, hierarchical system, and layout law of commercial centers, the carriers of commercial activities within the urban area, as well as the spatial behavior and distribution of consumers, the main body of commercial activities. The urban commercial spatial structure includes the urban interior and urban system spatial structure, and the article specifically refers to the urban interior commercial spatial structure.
2 Overview of foreign research theories and methods
After the discovery of geography, trade exchanges between countries around the world have strengthened, and the simple descriptions of products and resources, distribution centers, and trading markets around the world are increasing, laying a good foundation for the study of commercial spatial structure. With the introduction of a series of scientific theories and methods such as metrological geography, behavioral geography, temporal geography, and operational research, the research on urban commercial spatial structure in foreign countries has become truly scientific, and the research level has been constantly improved, gradually forming a unified theoretical system. The author will review the research progress of foreign urban commercial space structure from two aspects of commercial activity carrier and subject.
2.1 Research on spatial structure of urban commercial carrier
As the carrier of commercial activities, the commercial center is the place where people trade goods. Early studies focused on the location of commercial centers in cities, the hierarchy of commercial centers, and the spatial layout of different commercial functions from the perspective of commodity supply. They summarized the following three research results.
2.1, 1 Land rent theory. Du Neng put forward the theory of location differential land rent, which was the first to explain why commercial centers are located in urban centers. In 1961, Getis revealed the law that the total retail volume decreases with the distance from the urban center with the highest land price, and confirmed the law of land rent changes and their relationship with commercial economic activities. In the 1960s, Ghana studied the internal structure of the commercial center, and built concise spaces for different commercial centers on the bidding rent curve. In 1970, P. Scott used a chart to show the relationship between the rent gradient and the types of stores. He believed that the location of the commercial center could be determined by analyzing the urban land use structure and the niche of economic activities within the city.
2, 1, 2 Research based on the central place theory. The central place theory proposed by the German geographer Chifsteller (1933) is the basis of modern commercial space theory and provides a theoretical framework for the study of commercial space structure. The German economist Losch (1940) put forward the "economic landscape model" in his "Location Economics", created the location theory that obeys the maximum profit, takes the market as the center, and the economic landscape as the market system. He systematically studied the urban market economic zone, deepened the central place theory, and constructed the indifference line model of the boundary. Later, R.E. Murphy and J.E. Vance defined the geographical scope of the Central Business District based on the height of buildings and their commercial functions.
2, 1.3 School of spatial analysis. After World War II, a "quantitative revolution" was launched in the field of geography. The development of complex measurement methods and computer technology made it possible to use mathematical models to analyze urban interior space, and the school of spatial analysis developed accordingly. At the end of the 1950s, Bailey and Garrison first introduced the regression method in statistics and obtained P=ABn. Is the number of facilities in the central area, and P is the population in the central area. Parameters A and B are obtained by regression method. When=I, P is the threshold population. In 1965, Berry, an American scholar, conducted an empirical study on the location distribution of commercial forms in the Chicago metropolitan area, and put forward the "structural model of business in the metropolitan area". In 1981, the British scholar Potter introduced the multivariable functional equation, and used statistical analysis methods and charts to analyze the functional nature, location, accessibility, form, development scale of the business district and its close relationship with the social economy.
The school of spatial analysis simplifies the problem through a large number of assumptions. Its research method has changed from qualitative description to quantitative data processing. It uses statistics, mathematical analysis and quantitative geographical methods to explain the problem, and promotes the scientific research method of commercial spatial structure. However, their excessive pursuit of technology, perfection of logical theory system and abstraction of spatial analysis have separated their research from the actual urban commercial spatial structure.
2.2 Analysis of urban commercial subject space
2.2.1 Analysis of consumer behavior space. Since the late 1950s, scholars have gradually realized that it is impractical for the space school to materialize the relationship between man and land and ignore the role of man, and found that consumer behavior has an important impact on the commercial spatial structure. Relevant studies have also begun to focus on understanding the formation and development of urban commercial spatial structure from the perspective of consumer behavior and socio-economic attributes, and emphasize the impact of consumer behavior differences on commercial spatial structure.
Berry and Garrison (1958) brought consumer behavior into the theoretical framework for the first time, challenging the assumption that consumers would shop in the nearest business center for the first time. Rushton, an American scholar, was the first to study the urban commercial space structure from the perspective of consumer behavior, put forward the behavior space model, and believed that consumer behavior at any level of the center has diversity. In 1970, Daws put forward the procedure of cognitive structure of commercial facilities to judge the importance of a large number of relevant attributes, views, tendencies, evaluation variables and other factors from the perspective of potential customers of commercial facilities; In 1972, Davis proposed the "hierarchical system development model of shopping centers", which incorporated consumer behavior and its socio-economic attributes into the formation and change of the hierarchical structure of shopping centers; In 1982, the British scholar Potter discussed the distribution of retail locations from the perspective of consumer perception and behavior, and proposed the difference between information field and utilization field.
2.2.2 Research on consumers' spatial structure - analysis of business districts. Business circle refers to the geographical area where a specific business center attracts customers, also known as business potential circle, which focuses on the spatial distribution of consumers from the perspective of business demand. In 1929, William J. Reilly, an American scholar, was the first to establish the business circle determination rule - Riley's rule, that is, the attractiveness of two commercial supply places to consumers in the middle of a consumption place is proportional to the population of the two supply places, and inversely proportional to the square of the distance between the two supply places. This led to a series of studies on the laws of consumers' spatial distribution, deriving the Compass Law, the Applebum Law, and the Gaza Law.
With the popularity of automobiles, the actual distance has no longer had a strong influence, and the Riley rule and its derivatives often do not conform to reality in the layout of commercial outlets. American scholar Haff considered more factors and constructed the following mathematical model
Where: P is the probability of consumers living in area i to choose the store cluster, S， Refers to the area of the store cluster, refers to the time required from area i to the store cluster, and refers to the factor index of shopping obstacles in the journey of consumers from residential area to the store cluster.
Harvard Business School (1980s) established the saturation theory in practice, and measured the saturation degree of certain commodity sales in a specific business district by calculating the saturation coefficient of retail business market. Generally speaking, the probability of success of stores located in low saturation areas is higher than that in highly saturated areas. The calculation formula of retail market saturation coefficient (IRS) is
Where: IRS is the retail saturation coefficient of a certain type of commodity in a certain region, C is the number of potential customers who purchase a certain type of commodity in a certain region, RE is the expense for each customer in a certain region to purchase a certain type of commodity, and RF is the total business area of stores operating similar commodities in a certain region.
The above models provide powerful theoretical guidance for effectively selecting store addresses and studying the source and distribution characteristics of store customers. Their application is simple, time-saving and labor-saving. However, there are many factors that affect the spatial distribution of consumers. In addition to population, distance and other factors that have been considered in the model, it is also affected by the competitive strength of the store itself, the prosperity of the business center, traffic flow, the location of the competitive store, the local urban planning and other factors. New stores should make correct decisions. While conducting quantitative analysis, they must also be combined with the field survey of the business district for qualitative analysis.
3 Overview of domestic research
Since the reform and opening up, the study of urban commercial space structure in China has gradually emerged, and the mainstream is the empirical study of the central place theory. In the early 1980s, Professor Yang Wuyang introduced the central place theory into the study of commercial space structure. Taking Beijing as an example, the urban commercial networks are divided into three levels: city level, district level, and block level. The current situation of the spatial structure of Beijing's commercial service industry is analyzed with Christal's central place theory, and the "copper center" is calculated with the Van Leenon theorem. The central place theory is successfully tested. Gao Songfan discussed the historical development and changes of Beijing's urban field, and from the perspective of historical geography, he used the central place theory to analyze the spatial structure characteristics, evolution process and influencing factors of Beijing's urban field since the Yuan Dynasty.
Professor Ning Yuemin made a field survey of the commercial center in the central area of Shanghai and established a set of indicators to define the commercial center for the first time. He selected five indicators, including the number of stores in the commercial center and the number of functions of the commercial center, and conducted cluster analysis on 61 commercial centers in Shanghai, which were divided into three levels and five types. He analyzed the factors affecting the location of commercial centers in Shanghai, and put forward corresponding suggestions. Wu Yuwen, Xie Bin, etc. applied this method when studying the location layout of retail commercial enterprises in the urban area of Guangzhou, increasing the index of the percentage of the number of functional units of large-scale shopping malls, large hotels, and hotels in the total number of functional units of commercial centers, and using six indicators to cluster the types and hierarchy of 30 commercial centers in Guangzhou.
In the early 1990s, An Chengmou took Lanzhou City as an example to build a consumer shopping model: for a commercial center located in a specific area, the sales scope is in direct proportion to the total consumer spending, in direct proportion to the scale of the commercial center, in inverse proportion to the time consumers spend on shopping, and in inverse proportion to the competition between the center and other centers. He divided the location pattern of three level commercial centers in Lanzhou, introduced the weighted average model and Hilbert model, analyzed the location advantages of each city level commercial center in Lanzhou, and evaluated the development potential of the commercial center accordingly.
Taking the commercial industry as the starting point, Nuan et al., on the basis of field investigation, adopted factor ecological analysis technology, combined qualitative and quantitative analysis, studied the current situation and existing problems of the commercial regional structure of Kunming, and proposed the direction of future adjustment. Yan Xiaopei and Xu Xueqiang took Guangzhou as an example to analyze the location pattern, development trend and central business district of its business center. Wu Zongqing began to go deep into the interior of urban commercial space structure to explore its formation mechanism and development process.
4 Domestic research evaluation
4.1 Quantitative research on consumer behavior is relatively weak
On the whole, domestic scholars' research on the urban commercial spatial structure has long been based on the central place theory to analyze the scale and spatial distribution of commercial outlets. The long-term implementation of the planned economy system, the allocation of commodity circulation from top to bottom, and the lack of basic databases have led to most studies on the spatial analysis of consumer behavior being limited to the qualitative description level, with less quantitative analysis, which has restricted the in-depth study of urban commercial spatial structure in China. At present, the macroeconomic environment of China's commerce has undergone tremendous changes. The emergence of the domestic "buyer's market" has made it difficult for traditional commercial enterprises to operate. After joining the WTO, a large number of foreign capital will pour into China, which will inevitably bring great impact on the retail market. It is necessary to adjust the research perspective and guiding ideology accordingly.
4.2 Less application of new methods and means
From the published papers, Zhu Feng, Song Xiaodong, Ma Caixue and others analyzed the elements of commercial geographical positioning and discussed the technical route of commercial location based on GIS. But on the whole, the combination of domestic research and new methods and means is less, the introduction of GIS, GPS, RS and other technologies is insufficient, and the scientific simulation of urban commercial spatial structure is lacking.
Static equilibrium analysis is the main research method. In order to build the model and simplify the influencing factors of business layout, foreign related research has affected the research perspective of domestic scholars to a certain extent. In fact, business audience is influenced by many factors. With the further complexity of business, static equilibrium analysis will become more and more unreasonable. We must pay attention to the dynamic and comprehensive perspective to see the problem, better grasp the interaction of many influencing factors of commercial layout, and understand the rules of commercial space structure.
4.3 The impact of new commercial formats raises new issues
With the penetration of personalized, flexible and diversified consumption concepts, driven by catering to consumers' preferences, the production mode has gradually shifted from batch production, internal resource integration, and independent market competition to customized production, external resource integration, and supply chain collaborative competition. This series of changes has contributed to the qualitative change of circulation enterprises. The commercial form roughly follows the track of department store, grocery store, supermarket, mega supermarket, convenience store, specialty store, shopping center, warehouse mall and e-commerce, which indirectly affects the spatial structure of urban commerce in China.
In the 1960s, Shopping Mall took the lead in Europe, America and other developed countries with the popularity of cars. In the 1970s, Shopping Mall was gradually introduced to Japan, Singapore, Taiwan and other developed regions in Asia. In recent years, with the rapid rise in Shanghai, Beijing and Shenzhen, professional knowledge is urgently needed to guide domestic commercial real estate investment institutions and store investors to make correct investment site selection and operation decisions and promote the popularization of commercial real estate knowledge.
In recent years, the emerging virtual shopping malls and e-commerce are based on computer networks, and conduct the whole process of commodity exchange and administrative operations through electronic networks. Because it is the first time to realize no store operation and create a three-dimensional market space, enterprises can break through the limitations of geographical location, get rid of the constraints of spatial distance, directly trade with consumers, and truly achieve low cost, high efficiency and zero inventory. Therefore, the impact of virtual malls and e-commerce on the commercial spatial structure of cities will be profound and complex. This is regarded as another revolution of commercial formats. It will be of great significance to study the impact mechanism and development process of online virtual shopping on the traditional commercial space structure and predict the future development trend.
4.4 Centrifuge research of commercial distribution needs to be deepened
With the increase of income level and the popularity of cars, more and more urban people are able to escape from the crowded, noisy and complicated cities. In recent years, population suburbanization has occurred in some large cities in China, and some factories and commercial enterprises have begun to move to the suburbs, especially the wholesale business which covers a large area. The total amount of commercial sales and the growth rate of sales in the suburbs of some large cities, especially in the inner suburbs, have a trend of exceeding the same indicators in the urban areas; The proportion of the number of businesses, employees and turnover has an increasing trend in the suburbs and a decreasing trend in the urban areas; At the same time, the downtown business district has not declined, which is different from suburbanization, and we call it centrifugation. However, there is little research on this aspect in China. A series of problems, such as the degree and trend of urban commercial centrifugation, comparison with foreign countries, problems in development and corresponding solutions, are worthy of our in-depth study.
