| 英文摘要： |
Granting concessions to private parties to exploit certain market opportunities is a public policy intended to supersede “natural monopolies” with competition. This paper examines China’s water supply concession experiences, and identifies the current market structure and concessionaire selection practice. The authors outline both domestic and international explanations for restricted competition and contend the “state-owned enterprise” model must be distinguished from the model of pure concessions in market entry. The legal institutional response to this phenomenon requires transparency and due process in concessionaire selection.
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| 目 次： |
I. INTRODUCTION
II. DEBATE ON CONCESSIONS: EFFICIENCY AND COSTS
III. RESTRICTED COMPETITION IN WATER SUPPLY CONCESSIONS
1. Restricted competition as a worldwide phenomenon
2. Explanation for restricted competition in China
IV. COMPARISON OF CONCESSIONAIRE SELECTION STANDARDS
1. Requirements for concessionaire selection in the UN documents
2. Requirements for the selection process in the EU
3. Relevant rules in legal documents in China
V. SUGGESTIONS FOR CHINA
1. Separating SOE concessionaire model from pure concession model
2. Transparency and sole-sourcing
VI. CONCLUSION
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