论地方政府不正当竞争行为及其法律规制

The unfair competition behavior of local government is a form of government failure in the process of economic and social transformation in China、which has went through the administrative monopoly the fiscal competition and low human rights competition stages. Administrative monopoly refers to the intervention of local governments and their authorized organizations in the market for local interests, and the use of public power to set obstacles or give preferential treatment to foreign enterprises, so that they can obtain a dominant position in the market competition. Fiscal and tax competition refers to the government behavior that local governments attract foreign capital through low tax rate or other effective ways to reduce tax burden. “Low human rights” competition means that local governments often adopt a “low human rights” competition strategy in attracting investment. By reducing the level of human rights protection of residents in their jurisdiction and reducing the social welfare they should enjoy, they form a low-cost bottomland to attract capital inflows. The unfair competition implemented by local governments has eroded he overall interests of the society, reduced the effectiveness of economic intervention power, and reduced the degree of social members’ recognition of it. The reform of fiscal and tax decentralization has made the local government obtain the motive of carrying out improper competition, and the performance appraisal system has made the local government officials form the motive of carrying out improper competition, which is the external cause of the local government’s unfair competition. The external problem of economic law itself is the internal reason of local government unfair competition. Therefore, we must regulate the local government unfair competition act, and construct the competition order between local governments. Firstly, we should improve some basic legal systems, such as, establishing the judicial review system, to distinguish and rectify the local government unfair competition act、maintaining a unified, free and fair market competition order and protecting citizens’ basic rights. And then, we should reform the fiscal and taxation system, and adjust the structure of the interest of the local government, to eliminate the root of the local government unfair competition act. establishing a local tax system with property tax as the mainstay, reforming the value-added tax and consumption tax systems, introducing an environmental tax, and improve the transfer payment system.