Mixed Ownership, Public-private Partnership and the Reform of Market Access Law

Liu Dahong, Duan Honglei

Journal of Shanghai University of Finance and Economics Vol. 19, Issue 05, pp. 91 - 102 (2017)  DOI:10.16538/j.cnki.jsufe.2017.05.008

Abstract

The reform of both mixed ownership system and public and private cooperative system are the " one body and two wings” which promote the decisive role of the market. The two focus on the special industries and public utilities respectively, carry out the depth and breadth of the market respectively, and expand the investment and business scope of non-public capital. The current market access law system can not be matched with the demand for the reform: in the special industries on which the mixed ownership reform focuses, there are explicit access barriers to non-public capital; in the public utilities that public-private partnership reform focuses on, there are stealth access barriers to non-public capital all the time. In future, China’s market access law system should pay attention to the reform of this situation: on the one hand, the unloading reform of access regulation should be carried out in a number of areas mainly by deregulation, to promote the reduction in barriers to the access to several industries, diversified investment subjects, the optimization of market competition structure, and the increase in competition vitality; on the other hand, when expanding non-public capital investment access, it should make a structural adjustment to government regulation law system, namely regulation reconstruction, to ensure that after non-public capital enters into a number of special areas, the public interests still have no losses.

Keywords

mixed ownership; public-private partnership; market access law; special industry; public utility