论百年未有之大变局下的中国高水平对外开放
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On China’s High-level Opening Up to the Outside in the Context of Major Changes Unseen in a Century

论百年未有之大变局下的中国高水平对外开放

Yang Guoliang, a professor at the University of International Business and Economics (UIBE) in Beijing, frames U.S. pursuit of strategic competition with China as a reemergence of Western imperialism. He suggests the relative shift in economic power away from the West in past decades, toward the rest of the world, has led Washington to characterize globalization as “out-of-control” and introduce its own set of restrictions on international commercial engagement. While reiterating the need for continued reform and opening up, he underscores the need for China to set its own limits on commercial openness — particularly in the realm of inbound foreign investment from the West — in order to safeguard its sovereignty, security and development interests.

Key takeaways
  • Yang claims the heyday of what he calls the “free competition period” was the years immediately following the Cold War, when capital from developed countries continued to capture new markets such as China as part of profit maximization. Such reallocation of production factors globally, he observes, led to the decline of capitalist countries themselves, as evidenced by deindustrialization and widening income gaps.
  • Yang adds that as China and other developing economies continue to rise, the U.S. and other Western countries have come to attribute the relative shift in economic power to “out-of-control" globalization. To Yang, such views morphed from a budding “anti-globalization” movement to a wave of deglobalization over time, culminating in Trump’s election in 2016. Yang further argues that U.S. allies and partners now sense Washington is mainly interested in protecting its own economic interests and global hegemony, which could present opportunities for Beijing to rally support not only from the Global South, but also from European countries.
  • Yang stresses the importance of “protecting” China from Western capital, particularly in key industries and sensitive fields. While recognizing China has increasingly regulating foreign investment in recent decades, he still finds current standards too abstract and limited. He warns Beijing must prevent large-scale cross-border capital flows and data leaks to avoid major financial losses, and he recommends further improving China’s laws and regulations on foreign high-tech investment as well as its risk prevention and control capabilities.


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Opening up to the outside is China’s basic national policy. For a long time, China has enhanced its ability to be self-reliant by opening up to the outside world. During this time, the national economy has achieved substantial development, overall national strength has greatly increased, and the lives of the people have greatly improved. Early research often failed to distinguish between imperialism and capitalism, while later research mistakenly believed that imperialism had completely disappeared and called imperialism that reappeared in a new guise by the name “neo-imperialism.” This article distinguishes between capitalism and imperialism, and argues that the so-called “neo-imperialism” is just the re-exposure of the imperialism that had been “hidden.” It then analyzes the changes in the means of imperialist control and, based on these changes, divides the external environment facing China’s opening up into two periods, namely the period of free competition and the period of strategic competition among major powers. We are currently in the process of transitioning from the former period to the latter period, and this transition constitutes part of a larger change. There must be limits to implementing high-level opening up in the context of this larger change. If these limits are ignored or not properly grasped, and the timing, sequence, and conditions for introducing certain policies are inappropriate, this may harm national sovereignty, security, and development interests.

对外开放是我国的基本国策。长期以来,我国通过对外开放增强了自力更生的能力,国民经济获得长足发展,综合国力大大增强,人民生活得到巨大改善。早期的研究往往将帝国主义与资本主义混为一谈,后来的研究又误认为帝国主义已经彻底消失了,将以新面目再次出现的帝国主义称为“新帝国主义”。本文区分了资本主义和帝国主义,认为所谓“新帝国主义”只是后来“隐蔽”了的帝国主义的重新暴露,进而分析了帝国主义控制手段的变化,依据这些变化将我国对外开放的外部环境分为两个时期,即自由竞争时期和大国博弈时期。当前正处于由前者向后者转变中,这种转变构成大变局的一部分。大变局下实行高水平对外开放要有限度,如果忽视这个限度或者没有掌握好这个限度,出台某些政策的时机、次序、条件不当,就有可能损害国家主权、安全和发展利益。

I. Literature review

一、文献综述

During the period of primitive accumulation in the development of capitalism, some countries launched wars of aggression against other countries, established colonies and dependencies, plundered resources and wealth from them through armed conquest and unfair trade, and laid the foundation for their industrial revolutions. The Industrial Revolution provided advanced productive forces for the development of capitalism and contributed to the formation of the capitalist world market. In the unfinished sequel to Das Kapital, Marx revealed the capitalist state and its role in that period. The third part of the “Five-Part Plan” discussed the question of the “state.” Later, the discussion of “colonies” originally included in this part was moved to the fourth part “The State’s External Relations” (that is, “International Relations of Production”). The fourth volume proposed in the “Six-Volume Plan” was “The State,” followed by “Foreign Trade” and “The World Market”.1 This shows that, at that time, states played an important role in developing foreign trade and opening up the world market, and establishing colonies had become the manner in which some countries acted towards the external world. Later, “a very small number of ‘advanced countries'” launched aggressive wars with greater frequency, monopolized colonies, and divided up the world market, and imperialism became widespread.

在资本主义原始积累时期,一些国家对外发动侵略战争,建立殖民地和附属国,通过武力征服和不公平贸易从那里掠夺资源和财富,为其工业革命打下了基础。工业革命为资本主义发展提供了先进生产力,促成了资本主义世界市场的形成。马克思在未完成的《资本论》续篇中揭示了那个时期资本主义国家及其作用,其中,“五篇计划”的第三篇论述“国家”问题,后来又将原本列入这一篇的“殖民地”移入第四篇“国家对外”(即“生产的国际关系”)中。“六册计划”的第四册是《国家》,之后分别是《对外贸易》和《世界市场》。可见在当时,国家在发展对外贸易和开拓世界市场中发挥着重要作用,建立殖民地已成为一些国家的对外行动。后来,“极少数‘先进国’”更加频繁地发动侵略战争,垄断殖民地和对世界市场进行瓜分,帝国主义广泛流行。

In the period from the death of Marx and Engels to the 1930s, Lenin, Luxemburg, Hilferding, Bukharin, and others analyzed the new changes in capitalism at that time and formed the theory of imperialism (widely referred to as the “classical theory of imperialism”). Lenin held that imperialism was the highest stage of capitalism. During this stage, monopoly capital adopted a policy of external expansion both economically and politically. Economically, this expansion was mainly manifested in the capital export of international monopoly alliances, and politically, it was mainly manifested in the monopoly over colonies and the carving up of the globe by a few imperialist countries.2 This understanding confuses imperialism with capitalism. In fact, economic expansion is mainly a capitalist behavior, while political expansion is mainly imperialist behavior. Imperialism is an alienated form of capitalism. We can only call a situation “imperialism” when “a very small number of ‘advanced countries'” use various means to control and plunder other countries.3 Historically, imperialism is mainly characterized by the use of aggressive wars to control other countries and plunder their resources and wealth.4

在马克思恩格斯去世以后直至20世纪30年代,列宁、卢森堡、希法亭、布哈林等分析了当时资本主义的新变化,形成了帝国主义理论(通常被称为“古典帝国主义理论”)。列宁认为,帝国主义是资本主义的最高阶段。在这一阶段,垄断资本在经济上和政治上两方面采取了对外扩张的政策,在经济上主要表现为国际垄断同盟的资本输出,在政治上主要表现为少数帝国主义国家对殖民地的垄断和对世界领土的瓜分。这一认识将帝国主义与资本主义混为一谈。实际上,前者主要是资本主义行为,后者主要是帝国主义行为。帝国主义是资本主义的一种异化形态,只有“极少数‘先进国’”运用各种手段控制和掠夺其他国家时才能被称为帝国主义。历史上帝国主义主要采取侵略战争手段,通过侵略战争控制其他国家并掠夺资源和财富。

After the Second World War, the establishment of a new international order and the collapse of the old colonial system put an end to the outdated imperialist practices of establishing colonies and dividing up the world territorially, at least in its form at the time. At the same time, capital exports from capitalist countries continued, while other functional forms of capital also expanded rapidly. Among them, international direct investment in the form of productive capital became increasingly larger in scale and greater in proportion, and its position in the world economy became increasingly important. Free competition did not reach its “peak and highest stage” of development in the 1860s and 1870s as Lenin said. On the contrary, the “monopoly advantage” enjoyed by monopolies made free competition more advantageous to developed capitalist countries and their multinational corporations. Therefore, under the instigation of the United States, the United States and Western countries vigorously advocated liberalism internationally to pave the way for the external expansion of their capital.5 During this period, imperialism hid behind the developed capitalist countries and their advanced enterprises, relying on their dominant position in free competition to control and plunder other countries. In this, imperialism was so successful that people mistakenly believed that it had completely disappeared.

第二次世界大战后,新的国际秩序的建立和旧的殖民体系的瓦解,使得建立殖民地和在领土上瓜分世界这种旧的帝国主义行径至少在形式上终结了,而资本主义国家的资本输出继续进行,与此同时其他职能形式的资本对外扩张也迅速发展,其中以生产资本形式存在的国际直接投资规模越来越大、比例越来越高,在世界经济中的地位也越来越重要。自由竞争并没有如列宁所说的那样在19世纪60年代和70年代达到其发展的“顶点即最高阶段”,相反由于垄断带来的“垄断优势”使得自由竞争对发达资本主义国家及其跨国公司更为有利,于是在美国的策动下,美西方国家在国际上极力鼓吹自由主义,为其资本对外扩张开辟道路。在这一时期,帝国主义隐藏在发达资本主义国家及其先进企业背后,依靠它们在自由竞争中的优势地位对其他国家实现控制和掠夺,以至被人们误认为它已经彻底消失了。

Marx and Engels demonstrated very early on the inherent instability of capitalism and the possibility of crises. Capital overcomes these crises “on the one hand, by enforced destruction of a mass of productive forces; on the other, by the conquest of new markets, and by the more thorough exploitation of the old ones.”6 The subsequent development of capitalism confirmed these judgments of Marx and Engels. It is only due to the development of economic globalization that “seizing new markets” and “more thoroughly exploiting old markets” have become the main means for capital to overcome crises. Luxemburg carried on the tradition of Marx and Engels who studied capitalism as a whole with capital at the center. She argued that the antagonistic nature of capitalist production determined it was always insufficient to meet “social needs,” and that there must be a non-capitalist social environment outside the capitalist market to absorb capitalist products and provide means of production and labor for capitalist production. Economic globalization has opened up a vast space for capital expansion, but the continuous external expansion of capital will inevitably “use up” this space. By then, the “final crisis” of capitalism will have arrived.7 As we can see, “the true limit of capitalist production is capital itself”8.

马克思恩格斯很早就论证了资本主义内在的不稳定性和产生危机的可能性。为了克服这种危机,资本“一方面不得不消灭大量生产力,另一方面夺取新的市场,更加彻底地利用旧市场。”后来资本主义的发展印证了马克思、恩格斯的这些判断。只是由于经济全球化的发展,“夺取新的市场”和“更加彻底地利用旧市场”成为资本克服危机的主要手段。卢森堡继承了马克思恩格斯以资本为中心从整体上研究资本主义的传统,认为资本主义生产的对抗性质决定了其“社会需要”总是不足,必须在资本主义市场之外,同时存在非资本主义的社会环境,吸收资本主义的产品并为资本主义生产提供生产资料和劳动力。经济全球化为资本扩张开辟了广阔的空间,但资本不断对外扩张最终必然会“用光”这些空间。到那时,资本主义“最后的危机”也将来临。可见,“资本主义生产的真正限制是资本自身”。

II. Changes in the environment of opening up in the context of major global changes

二、大变局下对外开放环境的变化

After the Second World War, an international environment generally favorable to the external expansion of capital emerged. The United States developed into a superpower, and the economies of other developed countries also recovered quickly. Because developed capitalist countries and their multinational corporations occupied an advantageous position in competition, they strongly advocated free competition internationally and launched a struggle for “freedom for capital.” At the beginning, the liberalization of trade in goods was mainly promoted through the General Agreement on Tariffs and Trade negotiations, which promoted the reduction of tariffs and non-tariff barriers. In the late 1980s and early 1990s, liberalism extended from the field of the trade in goods to areas such as investment, trade in services, government procurement, and intellectual property rights, and an international economic and trade system with the World Trade Organization as its core entity and trade and investment liberalization as its characteristics was established. After the end of the Cold War, the United States and major Western countries further promoted neoliberalism, forming the “Washington Consensus,” which was widely disseminated and implemented internationally. This period, characterized by free competition, can be called the “free competition period.” The “free competition period” can be regarded as a “romantic period” of traditional economic globalization, which attempted to make people believe that “free competition” would naturally benefit every country, every region, and every person.

第二次世界大战后,出现了总体上有利于资本对外扩张的国际环境,美国发展成为超级大国,其他发达国家经济也很快恢复。由于发达资本主义国家及其跨国公司在竞争中居于优势地位,它们在国际上极力倡导自由竞争,展开了一场“为资本争自由”的斗争。一开始主要通过《关贸总协定》谈判推行货物贸易自由化,推动削减关税和非关税壁垒等。20世纪80年代末90年代初,自由主义从货物贸易领域延伸到投资、服务贸易、政府采购和知识产权等领域,建立了以世界贸易组织为主体、以贸易投资自由化为特征的国际经贸体制。冷战结束后,美西方主要国家进一步推行新自由主义,形成了“华盛顿共识”,在国际上广泛传播和实施。这段以自由竞争为主要特征的时期可以称为“自由竞争时期”。“自由竞争时期”可以被视为传统经济全球化的一个“浪漫时期”,它企图使人们相信,“自由竞争”可以自然地使每一个国家、每一个地区、每一个人受益。

Ironically, although this round of economic globalization was led by developed capitalist countries, they themselves inevitably declined in the process. Capital from developed countries continued to “capture new markets,” seeking resources and achieving optimal allocation of production factors on a global scale. This included the continuous transfer of labor-intensive industries to developing countries in order to minimize production costs and maximize high global profits. However, this resulted in the “hollowing out” of industry within developed countries. As manufacturing moved abroad, more and more skilled workers shifted to low-skill, low-income service industries, leading to the decline of the middle class and polarization between the rich and the poor. At the same time, some developing countries absorbed more foreign investment, vigorously developed general manufacturing industries by leveraging their low-cost advantages such as cheap labor, and thus promoted the rapid development of their national economies. As a result a few emerging countries also rose rapidly. Within developed countries, due to the relaxation of capital controls, capital has increasingly avoided the real economy sector with its relatively low profit margins and operating risks, and turned to the financial speculation sector, leading to the “financialization” of the economies of these countries. Financialization is a way for capital to “exploit old markets more thoroughly.” It has repeatedly been taken to the extreme and resulted in collapse, reflecting the powerful driving force of capital’s continuous expansion within capitalist countries as well as its insurmountable limitations.9

具有讽刺意味的是,这一轮经济全球化虽然由发达资本主义国家主导,但其自身却不可避免地在这一过程中走向衰落。发达国家资本不断“夺取新的市场”,在全球范围内寻求资源和实现生产要素最佳配置,不断地将劳动密集型产业转移到发展中国家,以最大限度地降低生产成本,最大限度地从全球获取高额利润,结果却导致这些国家内部“产业空心化”。随着制造业的外移,越来越多的技术工人转移到低技能、低收入的服务业,导致中产阶级沦落和贫富两极分化。与此同时,部分发展中国家吸收更多外资,利用本国廉价劳动力等低成本优势大力发展一般制造业,带动国民经济快速发展,少数新兴国家迅速崛起。而在发达国家内部,由于放松对资本的管制,越来越多的资本避开了利润率相对较低且充满经营风险的实体经济部门,转入金融投机领域,导致这些国家经济的“金融化”。金融化是资本“更加彻底地利用旧市场”的一条蹊径,它被不断推向极致又一再崩溃,反映了资本在资本主义国家内部不断扩张的强大动力及其无法克服的局限性。

The establishment of the global value chain and the global production system shows that, at least in terms of geographical space, the “new markets” that capitalist countries can “capture” have become increasingly limited, and capitalism has almost used up the space available for external expansion. Not only that, with the rise of some emerging countries, as exemplified by China, some markets that have been “captured” may shrink in the process of fierce international competition. For example, the Belt and Road Initiative proposed by China has become a global public product broadly welcomed by the international community, and more and more countries are joining the initiative. In response to the Belt and Road Initiative, major Western countries such as the United States have continued to propose alternatives. “Competing with China for leadership in a field where they are weak does show that the competition between the East and the West is entering a new stage.”10‎ The reduction in the global space for capital expansion and capital’s shift to financial speculation at home indicate that capitalism itself has fewer and fewer means to overcome crises and will inevitably fall into decline. The international financial crisis that broke out in 2008 marked a fundamental change in the international division of labor and market competition situation determined by comparative costs and resource endowments. The world entered into a period of major change unseen in a century (hereinafter referred to as “major changes”).11

全球价值链和全球生产体系的建立表明,至少在地理空间上,资本主义国家能够“夺取”的“新的市场”已经越来越少,资本主义几乎“用光”了对外扩张的空间。不仅如此,随着以中国为代表的一些新兴国家的崛起,在激烈的国际竞争中,一些已经被“夺取”的市场还可能萎缩。例如,中国提出的“一带一路”倡议,成为国际社会普遍欢迎的全球公共产品,越来越多的国家加入这一倡议。针对“一带一路”倡议,美西方主要国家不断提出替代方案,“在一个并不擅长的领域和中国争夺领导地位,的确表明东西方的竞争正在进入一个新阶段”。资本在全球扩张空间的减小和在国内转向金融投机活动,表明资本主义自身克服危机的手段已经越来越少,不可避免地陷于衰落。2008年爆发的国际金融危机标志着由比较成本和资源禀赋决定的国际分工格局和市场竞争态势发生了根本变化,世界进入百年未有之大变局(以下简称“大变局”)。

Since the outbreak of the international financial crisis, the United States and other developed countries have attempted to promote new high-standard trade and investment rules that represent the interests of developed countries. To accomplish this, they used negotiations on trade and investment agreements such as the Trans-Pacific Partnership (TPP), the Transatlantic Trade and Investment Partnership (TTIP), and the Trade in Services Agreement (TiSA). If we take the TPP as an example, we can see that it mainly focuses on two main lines: The first main line is to require further deregulation in the fields such as trade in goods, trade in services, investment, and finance; the second main line is to require the strengthening of effective supervision to ensure the maintenance of public interests, national security, financial security, environmental protection, labor protection, and fair competition. One of the notable features of the TTP is its extensive attention to “behind the border rules” (i.e., the internal laws and regulations of trading partners) and the high standards it requires in this regard. These agreements are one of the strategic tools used by the United States and major Western countries. Their purpose is to promote the application of their own new trade and investment rules on a global scale in order to maintain their vested interests and consolidate their dominant position as well as to suppress emerging countries, weaken their competitive advantages, and prevent their rapid rise.

自国际金融危机爆发以来,美国等发达国家通过跨太平洋伙伴关系协定(TPP)、跨大西洋贸易与投资伙伴关系协定(TTIP)、服务贸易协定(TISA)等贸易投资协定谈判,力图推行代表发达国家利益的高标准的贸易投资新规则。以TPP为例,主要围绕两条主线展开:一条主线是要求在货物贸易、服务贸易、投资、金融等领域进一步放松管制;另一条主线是要求在维护公共利益、国家安全、金融安全、环境保护、劳工保护、公平竞争等方面加强有效监管。TPP的显著特点之一,是对“边界后规则”(即贸易伙伴内部法律法规)的广泛关注和相关的高标准要求。这些协定是美西方主要国家的战略工具之一,目的是在全球范围内推行自己的贸易投资新规则,以维护其既得利益和巩固其主导地位,并对新兴国家形成压制,削弱其竞争优势,阻止其快速崛起的势头。

In the 2016 U.S. election, Trump won the presidential election by turning to populism. He believed that the agenda initiated by the Obama administration to establish new international economic and trade rules was too slow and cumbersome and cannot stop the rapid rise of emerging powers. As a result, Trump launched the “Trump Doctrine” of solving problems in a destructive “quick and hasty” way, adhered to the “America First” approach, and implemented protectionist and isolationist policies. In January 2017, Trump signed an executive order and announced the United States’ withdrawal from the TPP. The TTIP was also shelved due to Trump’s signing of the “Buy American and Hire American” executive order and protests from European citizens. Although TiSA negotiations are still ongoing, they have made relatively little progress. After the Biden administration came to power, it carried on the foreign policy of the Trump administration, further developing “decoupling and breaking ties” into support for “small yards and high fences” and attempting to suppress emerging powers by ganging up on them. In short, since 2017, the old dregs of populism, unilateralism, and protectionism have risen again, and traditional economic globalization has encountered considerable resistance. Therefore, some in the Western media have lamented: “The death march of globalization began in 2016.”12

2016年美国大选中,特朗普迎合民粹主义而当选美国总统。他认为,奥巴马政府启动的建立国际经贸新规则的议程过于漫长和繁琐,无法阻止新兴大国快速崛起的势头。于是,开启了以破坏性的“快刀斩乱麻”方式解决问题的“特朗普主义”,奉行“美国优先”,实行保护主义、孤立主义政策。2017年1月,特朗普签署行政命令,宣布美国退出TPP。TTIP也因特朗普签署了“雇美国人、买美国货”的行政命令以及欧洲民众抗议而被搁置。TISA谈判虽然仍在进行,但也相对停滞。拜登政府上台后,继承了特朗普政府的对外政策,将“脱钩断链”进一步发展为“小院高墙”,试图通过拉帮结伙打压新兴大国。总之,自2017年开始,民粹主义、单边主义、保护主义沉渣泛起,传统的经济全球化遭遇不小阻力。因此,有西方媒体哀叹:“全球化死亡之旅始于2016年。”

From the Obama administration’s “new rules for international trade and economy,” to the Trump administration’s “decoupling and breaking ties,” to the Biden administration’s “small yard and high fences,” the U.S. government has gradually abandoned the liberal policies it has long pursued and turned to a greater reliance on economic strength and hegemony. It is using “new” means such as economic sanctions to control other countries in order to plunder their resources and wealth. Imperialism has reappeared in a new way. Some scholars call this “neo-imperialism.” In fact, it is just the re-exposure of imperialism that hid itself during the period of free competition. The only thing “new” about it is the fact that it increasingly uses “new” means such as economic sanctions to achieve its aims of control and plunder. In order to maintain their hegemonic status, the United States and Western countries have used various means to suppress and contain major competitors such as China. Since most other Western countries are relatively weak, they can only act as vassals of the United States and become its “client states.” Therefore, this struggle is actually a struggle between the imperialist powers of the United States and its vassal states and the emerging countries, such as China, that they are attempting to control and plunder. “Strategic competition among major powers” has clearly returned. In order to highlight the importance of high-level opening up to the outside in the context of major changes, we will tentatively call this period the “period of strategic competition among major powers.”

从奥巴马政府的“国际经贸新规则”,到特朗普政府的“脱钩断链”,再到拜登政府的“小院高墙”,美国政府逐渐摈弃了长期以来奉行的自由主义政策,转向更多依靠经济实力和霸权地位,采用经济制裁等“新”手段控制其他国家,以掠夺其资源和财富——帝国主义以新面目再次出现。有学者称之为“新帝国主义”,实际上它只是自由竞争时期“隐蔽”了的帝国主义的重新暴露,它的“新”仅仅表现在,更多采用经济制裁等“新”手段实现控制和掠夺。为维护霸权地位,美西方国家以各种手段打压、遏制中国等主要竞争对手。由于其他西方国家大多相对弱小,只能充当美国的附庸,成为其“仆从国”。因此,这场斗争实际上是奉行帝国主义大国美国裹挟其一众仆从国企图控制和掠夺中国等新兴大国的斗争,“大国博弈”明显回归。为突出大变局下高水平对外开放限度的重要性,姑且将这一时期称为“大国博弈时期”。

III. The inevitability of high-level opening up in the context of major changes

三、大变局下高水平对外开放的必然性

At present, the world is undergoing major changes unseen in a century, the international landscape is evolving at an accelerated pace. The world has entered a new period of turbulence and change, and the international economic and trade environment is full of uncertainties. Today, China is increasingly moving to the center of the world stage and gradually becoming an important participant in global economic governance. Some of its emerging industries are on par with those of developed countries or are even global leaders. This requires China to take its higher level of development as a new starting point and implement high-level opening up: Internally, we must persist in implementing opening up on a larger scale, in a wider range of fields, and at a deeper level; externally, we must advance bilateral and multilateral cooperation, promote high-quality joint construction of the Belt and Road, and actively participate in the reform of the global economic governance system.

当前,世界处于百年未有之大变局,国际格局加速演变,世界进入新的动荡变革期,国际经贸环境充满不确定性。今天的中国日益走近世界舞台中央,逐渐成为全球经济治理的重要参与者,部分新兴产业与发达国家处于同一起跑线上甚至领先于世界,要求我国以较高发展水平作为新起点,实行高水平对外开放:对内,坚持实施更大范围、更宽领域、更深层次对外开放;对外,推进双多边合作,推动高质量共建“一带一路”,积极参与全球经济治理体系改革。

Implementing high-level opening up is necessary to adapt to the new generation of scientific and technological (S&T) revolutions and industrial transformations. Today, the world is facing a new generation of S&T revolutions and industrial transformations. A new technological revolution represented by big data, the Internet of Things, artificial intelligence (AI), space technology, biotechnology, and quantum technology is underway all around us, which has promoted the tremendous development of new models, new industries, and new industry formats. We must seize the new opportunities presented by the global industrial restructuring and re-positioning, build more innovative, higher added-value, and more resilient production chains and supply chains, and improve the quality and level of opening up to the outside. We must strengthen the connection and interaction between domestic and foreign production chains and strive to extend to foreign medium and high-end production chains on the basis of domestic production chains. We must encourage domestic enterprises to participate deeply in the international division of labor and international cooperation and cultivate advanced manufacturing clusters with global competitiveness. We must optimize the structure of foreign investment, guide foreign investment to high-tech, high-standard, green, and low-carbon fields, and allow foreign investment to play its role in promoting industrial upgrades. We must accelerate the green and digital transformation of foreign investment and foreign trade. We must strengthen green and low-carbon cooperation, establish new advantages in green and low-carbon development, promote information sharing and capacity building for green and low-carbon development, and deepen cooperation in ecological environment and climate governance. We must deepen cooperation in the digital field, promote new models and new industry formats in China’s digital economy, and promote the circulation of goods and services.

实行高水平对外开放是适应新一代科技革命和产业变革的需要。当今世界正面临新一代科技革命和产业变革,以大数据、物联网、人工智能、太空技术、生物技术、量子科技为代表的新科技革命正在全面酝酿,由此推动了新模式、新产业、新业态的巨大发展。要抓住全球产业结构调整和重新布局带来的新机遇,打造更具创新力、更高附加值、更有韧性的产业链供应链,提升对外开放的质量和水平。加强国内外产业链的关联和互动,以国内产业链为基础努力向国外中高端产业链延伸;推动国内企业深度参与国际分工合作,培育具有全球竞争力的先进制造业集群;优化外商投资结构,引导外资流向高技术、高标准、绿色低碳等领域,发挥外资对产业升级的促进作用。加快外资外贸绿色化、数字化转型。加强绿色低碳合作,建立绿色低碳发展新优势,推进绿色低碳发展信息共享和能力建设,深化生态环境和气候治理合作;深化数字领域合作,推广中国数字经济领域新模式、新业态,促进商品和服务流通。

Implementing high-level opening up is necessary to adapt to China’s high-quality development. After more than 40 years of reform and opening up, China has made tremendous achievements in economic development, but there are still some “deep water areas” of reform, such as further accelerating the transformation and optimization of government functions, eliminating regional market barriers, and breaking up administrative and industry monopolies. We must further clarify the boundaries between the government and the market, explore the requirements for the new generation of international economic and trade rules, and effectively promote the construction of a unified national market. The impact of the international financial crisis and the series of major changes that followed the crisis on China’s economic growth is actually the impact on the development model. There is an urgent need to achieve a transformation from high-speed growth to high-quality development. In the past, insufficient investment in R&D by enterprises and weak innovation-driven capabilities led to an oversupply of some lower-end products and a shortage of higher-end products. The reason for this is closely related to the fact that in the past, enterprises mainly relied on low-cost advantages to integrate into the international division of labor system. Although low-value-added economic and trade activities can generate some processing profits, these activities are easily relegated to the lower end of the value chain by advanced enterprises in developed countries. Only by implementing high-level opening up and increasing cooperation and exchanges involving global talents, technologies, and other resources can China further enhance its innovation capabilities, promote changes in its development model, and achieve high-quality economic development.

实行高水平对外开放是适应国内高质量发展的需要。经过四十多年改革开放,我国经济建设取得了巨大成就,但仍存在一些改革“深水区”,如进一步加快转变和优化政府职能、消除区域间市场壁垒、破除行政与行业垄断等。需要进一步厘清政府与市场的边界,探索新一代国际经贸规则的要求,有效推动全国统一大市场建设。国际金融危机及危机后一系列重大变化对我国经济增长的冲击实际上是对发展方式的冲击,迫切需要实现从高速度增长向高质量发展转变。过去企业研发投入不足和创新驱动能力不强,导致部分中低端商品供给过剩和中高端商品供给不足,究其原因,与过去主要依托低成本优势融入国际分工体系密切相关。低附加值经贸活动虽可获得部分加工利润,但容易被发达国家先进企业低端锁定。只有实行高水平对外开放,加大与全球人才、技术和其他资源的合作和交流,才能进一步增强创新能力,促进发展方式转变,实现经济高质量发展。

Implementing high-level opening up is necessary to adapt to high-standard international economic and trade rules. As mentioned earlier, after the international financial crisis in 2008, developed Western countries such as the United States promoted new high-standard international economic and trade rules. Although the United States later withdrew from the TPP negotiations, under the leadership of Japan, the 11 Asia-Pacific countries participating in the TPP negotiations jointly signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) in 2018. In 2020, China officially signed the Regional Comprehensive Economic Partnership Agreement (RCEP). Compared with the China-ASEAN Free Trade Area that preceded it, RCEP has a wider scope of cooperation and higher rules and requirements. Although China has established relatively high-standard international economic and trade rules with some Asia-Pacific countries through RCEP, compared with RCEP, CPTPP proposes higher standards for intellectual property supervision, competition policies, government procurement, environment, and labor rules to promote coordination and consistency of domestic supervision among members. Except for some “harmful” content, most of the high-standard international economic and trade rules are not inconsistent with China’s overall reform direction. They are advanced and leading in nature and will become the benchmark for future negotiations on high-level international economic and trade rules. Only by actively aligning with them can China better participate in the construction of a network of high-standard free trade zones and play a greater role in building new international economic and trade rules and even in global economic governance.

实行高水平对外开放是适应高标准国际经贸规则的需要。如前所述,2008年国际金融危机之后,以美国为代表的西方发达国家推进高标准国际经贸新规则。尽管后来美国退出了TPP谈判,但在日本主导下,2018年参与TPP谈判的11个亚太国家共同签署了“全面与进步跨太平洋伙伴关系协定”(CPTPP)。2020年中国正式签署了“区域全面经济伙伴关系协定”(RCEP)。与原有的中国-东盟自贸区相比,RCEP合作范围更广、规则要求更高。尽管我国已经通过RCEP与部分亚太国家建立了较高标准的国际经贸规则,但和RCEP相比,CPTPP在知识产权监管、竞争政策、政府采购、环境和劳动规则等方面提出了更高标准,以促进成员之间国内监管的协调与一致性。高标准国际经贸规则除部分“有害”内容外,大多与我国总体的改革方向并不矛盾,具有一定的先进性和引领性,将成为未来高水平国际经贸规则谈判的基准,我国只有积极主动对接,才能更好地参与高标准自贸区网络建设,进而在构建国际经贸新规则乃至全球经济治理中发挥更大作用。

In this round of economic globalization, the United States and Western countries see the “collective rise” of developing economies as the result of “out-of-control” globalization. The inability of the United States and Western countries to solve domestic social problems such as soaring unemployment and polarization between the rich and the poor has led to an undercurrent of an “anti-globalization” movement springing from the margins of society. Then, following the rise of populism, these “anti-globalization” ideas gradually rose to the level of national will and were put into political action, finally evolving into a wave of “deglobalization.” The attempts by the United States and Western countries to resolve international economic and trade issues through contests of strength, protectionism, and isolationism have undermined the global economic governance order. The World Trade Organization (WTO), one of the three pillars of global economic governance, has seen its Appellate Body paralyzed for a long time due to manipulation by the United States. Against this backdrop, China has implemented opening up to the outside at a high level, worked to build and maintain a multilateral trading system with the WTO at its core, united the many developing countries, and continued to strengthen economic and technological cooperation with them on the basis of equality and mutual benefit to achieve mutually beneficial results.

在本轮经济全球化中,发展中经济体“群体性崛起”,却被美西方国家认为是全球化“失控”的结果。美西方国家无力解决国内失业飙升、贫富两极分化等社会问题,导致来自社会边缘地带的“反全球化”运动暗流涌动,进而随着民粹主义的盛行,这些“反全球化”思潮逐渐上升为国家意志并被付诸政治行动,最后演变成了“逆全球化”浪潮。美西方国家试图通过实力对抗、保护主义、孤立主义等解决国际经贸问题的行径,破坏了全球经济治理秩序。作为全球经济治理三大支柱之一的世界贸易组织(WTO),因为美国的操控,导致其仲裁机构长期瘫痪。在此背景下,中国实行高水平对外开放,力图构建和维护以世贸组织为核心的多边贸易体制,团结广大发展中国家,继续与它们一道在平等互利基础上加强经济技术合作,实现互利共赢。

The current global governance system is facing the challenge of “four major deficits”: a peace deficit, a development deficit, a security deficit, and a trust deficit. During the Ukrainian crisis, relations between the United States, the European Union, and Russia deteriorated, and the European Union completely “decoupled from Russia,” resulting in the inability of the global governance mechanism to play its proper role. The U.S. government has promoted the so-called “values alliance,” made divisions in multilateral cooperation based on ideology, and attempted to form a so-called “Indo-Pacific version of NATO,” leading the world from economic globalization to geopoliticization. In the geopolitical game, the United States’ allies and partners have gradually discovered that the actions of the United States are mainly aimed at protecting its own economic interests and maintaining its hegemonic position, even at the expense of the interests of its allies and partners. For example, after the Nord Stream oil and gas pipeline was blown up, European countries had to buy American oil and natural gas at prices that were several times higher. The economies of European countries have been hit hard by the loss of cheap and stable supply of Russian natural gas through pipelines. The U.K. media even published an article pointing out that Germany, once the locomotive of Europe’s economy, had become the “sick man of Europe.”‎13 As European countries gradually wake up to this reality, China’s high-level opening up will not only be welcomed by the countries of the “global South”, but will also receive support from European countries.

当下全球治理体系正面临和平赤字、发展赤字、安全赤字、信任赤字等“四大赤字”的挑战。乌克兰危机中,美国和欧盟与俄罗斯关系恶化,欧盟全面“脱俄”,致使全球治理机制无法发挥应有的作用。美国政府推行所谓“价值观联盟”,以意识形态划分多边合作,试图组建所谓“印太版北约”,导致世界从经济全球化走向地缘政治化。在地缘政治博弈中,美国的盟友和合作伙伴逐渐发现,美国的行动主要是为了实现其自身经济利益和维护其霸权地位,甚至不惜以牺牲盟友和合作伙伴的利益为代价。例如,北溪油气管道被炸毁后,欧洲国家不得不以数倍高价购买美国的石油和天然气。失去了廉价和稳定的俄罗斯管道天然气供应,欧洲国家经济受到沉重打击。英国媒体甚至发文指出,曾经作为欧洲经济火车头的德国已成了“欧洲病夫”。随着欧洲国家的逐渐觉醒,中国实行高水平对外开放将不仅得到“全球南方”国家的欢迎,也将得到欧洲国家的支持。

From reform and opening up to the outbreak of the international financial crisis in 2008, China’s system of domestic rules has been gradually opened up, especially in China’s “re-entry into the GATT” and “accession to the WTO,” which was a process of passively accepting international economic and trade rules. Since the international financial crisis in 2008, China’s contribution to the world economy has gradually increased. It has put forward new ideas such as the Global Development Initiative, the Global Security Initiative, and the Global Civilization Initiative, proposed new theories such as building a community of common destiny for humanity and joint consultation, joint construction, and shared benefits, and provided new international public products such as the Belt and Road Initiative, the Asian Infrastructure Investment Bank, and the New Development Bank for the BRICS. As China accelerates reform and opening up and intensifies international institutional innovation, the institutions it supplies overlap with the current global economic governance system, creating an “institutional competition effect.” In the new era, institutional competition will become more intense, and different systems will gradually merge to form a new system of global economic governance. China will actively and proactively align with the new generation of international economic and trade rules, better participate in the construction of a network of high-standard free trade zones, organically integrate high-level opening-up with comprehensive and in-depth reform, provide investors with a more stable and predictable investment environment, and create new institutional dividends.

自改革开放至2008年国际金融危机爆发是我国国内规则体系逐步开放的过程,特别是“复关”和“入世”,是一个被动接受国际经贸规则的过程。自2008年国际金融危机后,我国对世界经济的贡献逐渐增大,提出全球发展倡议、全球安全倡议和全球文明倡议等新思想,提出建立人类命运共同体、共商共建共享等新理论,提供“一带一路”倡议、亚洲基础设施投资银行、金砖国家新开发银行等新国际公共产品。随着中国加快改革开放,加大国际制度创新,中国供给的制度与现行的全球经济治理制度存在交叉重叠,产生了“制度竞争效应”。新时期,制度竞争将更加激烈,不同制度将逐步融合,形成新的全球经济治理制度。中国将积极主动对接新一代国际经贸规则,更好地参与高标准自贸区网络建设,将高水平对外开放与全面深化改革有机结合起来,为投资者提供一个更加稳定、可预期的投资环境,创造新的制度性红利。

IV. The limits of high-level opening up in the context of major changes

四、大变局下高水平对外开放的限度

The early days of China’s reform and opening up were a period of free competition in an open environment. The main content of opening up was to gradually open up the Chinese market, encourage and attract foreign investment to establish Sino-foreign joint ventures, allow the establishment of foreign-invested enterprises and Sino-foreign cooperative enterprises, and successively formulate and pass corresponding laws, such as the Sino-Foreign Equity Joint Venture Law, the Foreign-Invested Enterprise Law and the Sino-Foreign Cooperative Joint Venture Law (referred to as the “Three Foreign Investment Laws”). The “Three Foreign Investment Laws” regulate three types of foreign-invested enterprises, but there are no provisions directly requiring the national security review of foreign investment. Preventing foreign capital from controlling China’s important and key industries during opening up to the outside world was mainly achieved through the promulgation of corresponding administrative regulations or rules, restricting foreign investment access through approval procedures, and regulating foreign investment operations through a series of “compliance requirements.” For example, in Sino-foreign joint ventures, the Chinese side is required to hold a majority stake. However, in practice, multinational corporations from the United States and other Western countries achieved actual control over joint ventures “under conditions of incomplete control” through corporate governance structure design, technology and brand control, control of the number of joint ventures, and control of sales areas.14

我国改革开放初期,正值对外开放环境的自由竞争时期,对外开放的主要内容是渐进式对外开放市场,鼓励吸引外资建立中外合资经营企业,允许建立外资企业和中外合作经营企业,并陆续制定和通过了相应的法律——《中外合资经营企业法》《外资企业法》和《中外合作经营企业法》(简称“外资三法”)。“外资三法”规范了三类外商投资企业,但其中并无直接针对外商投资实施国家安全审查的条款。对外开放中防止外资控制我国重要行业和关键产业主要是通过颁布相应的行政法规或规章实现的,通过审批程序限制外资准入,通过一系列“履行要求”对外资经营加以规制。例如,在中外合资企业中要求中方持有多数股权等。但在实践中,美西方国家跨国公司通过中外合资企业的公司治理结构设计、技术和品牌控制、合资企业数量控制和销售区域控制等手段,实现“在控制权不完整条件下”对合资企业的实际控制。

After the start of the 21st century, with China’s accession to the WTO, China further expanded its open market and relaxed equity restrictions on foreign investment. More industries allowed foreign investors to hold more than 51% of the equity in joint ventures, and China relaxed restrictions on wholly foreign-owned operations in service sectors such as banking, insurance, telecommunications, transportation, tourism, and legal consulting. As a result, foreign investment quickly showed a trend toward “wholly foreign-owned” ventures. Not only did newly established enterprises tend to be wholly foreign-owned enterprises, but the foreign parties in existing joint ventures also achieved controlling stakes in the enterprises through capital increases and share expansions, thereby strengthening their control over the enterprises in order to obtain more profits. At the same time, foreign-funded enterprises launched a “decapitation” initiative against Chinese enterprises, especially state-owned enterprises, through mergers and acquisitions. The top five companies in different industries were almost all controlled by foreign capital.‎15 It was not until 2003, when China issued the Interim Provisions on the Takeover of Domestic Enterprises by Foreign Investors, that China began to pay attention to the impact of foreign investment mergers and acquisitions on national economic security. In 2006, the Ministry of Commerce, the State-owned Assets Supervision and Administration Commission, and six other departments jointly revised and issued the Provisions on the Takeover of Domestic Enterprises by Foreign Investors, which proposed reporting requirements for certain situations in which foreign investors acquire domestic enterprises and obtain actual control.‎16 Subsequently, the State Council issued the Notice of the General Office of the State Council on Launching the Security Review System for Mergers and Acquisitions of Domestic Enterprises by Foreign Investors in 2011, which actually established a preliminary security review system for foreign investment mergers and acquisitions in the form of administrative regulations.

进入21世纪后,随着我国加入世贸组织,进一步扩大开放市场,进一步放宽外商投资的股权限制,更多产业允许合资企业中外商持有51%以上股权,进一步放宽对银行、保险、电信、运输、旅游、法律咨询等服务领域的外商独资经营限制。于是,外商投资迅速呈现“独资化”趋势,不仅新建企业倾向于建立独资企业,而且原有合资企业中的外方通过增资扩股等形式实现对企业控股,加强对企业的控制,以获取更多利润。与此同时,外资企业通过并购等形式对我国企业尤其是国有企业开展了“斩首”行动,每个产业中排名前5位的企业几乎都被外资控制。直到2003年,我国出台《外国投资者并购境内企业暂行规定》,才开始关注外资并购对国家经济安全造成的影响。2006年,商务部、国资委等六部门共同修订发布了《关于外国投资者并购境内企业的规定》,对外国投资者并购境内企业并取得实际控制权的一些情形提出了申报要求。此后,国务院于2011年发布了《关于建立外国投资者并购境内企业安全审查制度的通知》(国办发[2011]6号),实际上以行政法规形式,初步建立了外资并购安全审查制度。

In the context of the major changes, China has proposed to further improve its level of opening up and establish a new high-level system of opening up. As the competition among major powers becomes increasingly fierce, the United States and the West are gradually losing their competitive advantage in free competition and are relying more and more on imperialism, trying every available means to achieve actual control over their competitors. They not only want to obtain huge profits and plunder resources and wealth, but also seize opportunities to defeat their competitors and maintain their hegemonic position. Therefore, the implementation of high-level opening up to the outside must be limited: U.S. and Western capital must not be allowed to actually control important industries, key industries, and sensitive fields related to the national economy and people’s livelihood or to national security. This is to prevent any harm to national sovereignty, security, and development interests. In March 2019, China promulgated the Foreign Investment Law, which replaced the original “Three Foreign Investment Laws” and clearly stipulated that the country would establish a foreign investment security review system. In December 2020, the National Development and Reform Commission and the Ministry of Commerce jointly issued the Measures for the Security Review of Foreign Investment. Article 4 of the Measures stipulates the scope of national security review of foreign investment, which has a very positive significance for improving the security review standards system. However, from the perspective of legal doctrine, these laws have problems. For example, the review standards are too abstract and do not cover all harmful behaviors, and the list of reference factors is insufficient.17

大变局下,我国提出进一步提高对外开放水平,建立高水平对外开放新体制。随着大国博弈日益激烈,美西方在自由竞争中逐渐失去竞争优势的情况下转而更多依靠帝国主义,千方百计地实现对竞争对手的实际控制,不仅为获得丰厚的利润,掠夺资源和财富,更为伺机打败竞争对手,维护霸权地位。因此,实行高水平对外开放要有限度:不能让美西方资本实际控制涉及国计民生和国家安危的重要行业、关键产业和敏感领域,以免损害国家主权、安全和发展利益。2019年3月,我国颁布了《外商投资法》,取代了原“外资三法”,明确规定国家建立外商投资安全审查制度。2020年12月,国家发展改革委、商务部联合发布了《外商投资安全审查办法》,该办法第4条规定了外商投资国家安全审查的范围,对安全审查标准制度的完善具有十分积极的意义。但从法教义学的视角看,这些法律存在审查标准过于抽象、未涵盖全部危害行为、参考因素列举不充分等问题。

During the period of free competition, China’s competitors were mainly developed capitalist countries. At that time, China’s overall competitiveness was relatively low compared with these countries. Because the developed capitalist countries were in a comparatively advantageous position and could therefore reap huge profits, these countries were able to take the lead among countries in formulating liberal international economic and trade rules and to abide by these rules to a large extent. Against this backdrop, China implemented opening up to the outside world. Even without subversive error, losses occurred, although they were mainly losses of economic interests. In the past, such losses were often regarded as the necessary “tuition fees” for opening up to the outside. In the period of strategic competition among major powers, China’s competitiveness has greatly improved and it has increasingly stood at the center of the world stage, while the strength of developed capitalist countries has declined to varying degrees. In their attempts to maintain their vested interests and hegemonic status, the United States and major Western countries have begun to regard China as a “strategic competitor” or even an “enemy,” smearing and suppressing China. They can no longer take advantage of China by subtle tricks and so have resorted to plunder by force. Against this backdrop, China must further improve its level of opening up to the outside and implement high-level opening up. The door to opening up can only open wider and wider. However, if we ignore the limits of opening up or fail to grasp these limits and if the timing, sequence, and conditions for introducing certain policies are inappropriate, China may give imperialism an opportunity that it can take advantage of. Therefore, the most prominent limitations on the high-level opening up at the current stage are the lack of awareness of risk prevention and control and insufficient risk stress testing.18

在自由竞争时期,我国的竞争对手主要是发达资本主义国家。当时,与这些国家相比我国竞争力总体上比较低下。由于发达资本主义国家在竞争中居于有利地位并能因此而获得丰厚的利润,这些国家能够带领各类国家一起制定自由主义的国际经贸规则,并在很大程度上遵守这些规则。在此背景下,我国实行对外开放,在没有犯颠覆性错误的情况下即使发生损失也主要是经济利益损失,过去往往把这种损失看作是对外开放中必要的“学费”。而在大国博弈时期,我国竞争力大大提高,日益站在世界舞台的中央,而发达资本主义国家实力在不同程度地下降。美西方主要国家为维护既得利益和霸权地位,开始将我国视为“战略竞争对手”甚至“敌人”,对我国进行抹黑、打压,甚至连“巧取”都没有,只剩下“豪夺”了。在此背景下,我国进一步提高对外开放水平,实行高水平对外开放,提出对外开放的大门只会越开越大,如果忽视对外开放的限度或者没有掌握好这个限度,出台某些政策的时机、次序、条件不当,就可能给帝国主义以可乘之机。因此,当前高水平对外开放的限度问题,最突出的是风险防控意识不强和风险压力测试不足问题。

In fact, U.S. and Western multinational corporations, especially those in the financial industry, are mostly owned or controlled by financial capital groups and carry out transnational business activities under their manipulation. These financial capital groups cover almost the entire financial industry and are the “core of the core of capitalism.”19 The financial capital groups that control these companies actually also control the domestic and foreign policies of these countries and are the “shadow governments” that manipulate these countries.20 Therefore, some foreign-invested enterprises and their overseas investments are often given the strategic mission of curbing the development of the host country. Ironically, some U.S. and Western media outlets have also criticized those who have “poorly implemented” the containment strategy.‎21 The financial capital groups are owned or controlled by a few large financial capital. Under their manipulation, the groups establish connections and coordinate actions through closed-door meetings and other approaches. Their foreign policies are covert, long-term, and strategic, and their actions with respect to the outside world are often secretive and brutal. Some people believe that they possess the “four hidden things,” namely hidden knowledge, hidden technology, hidden organization, and hidden resource flows. Because everything is done in a hidden manner, their operations are easily overlooked by the host country. In the context of strategic competition among major powers, if we respond with the mindset of the previous free competition era, not only will our economic interests be controlled and plundered, but our sovereignty and security will also be threatened and challenged.

事实上,美西方跨国公司尤其是金融业跨国公司大多为金融资本集团所拥有或控制,在他们的操纵下开展跨国经营活动。这些金融资本几乎覆盖全部金融业,是“资本主义核心中的核心”。而控制这些企业的金融资本集团实际上也控制着这些国家的对内对外政策,是操纵这些国家的“影子政府”。因此,部分外资企业及其对外投资往往同时被赋予遏制东道国发展的战略使命。具有讽刺意味的是,美西方一些媒体还对实施遏制战略“执行不力者”提出批评。金融资本集团为少数大金融资本家族所拥有或控制,在他们的操纵下通过闭门会议等形式建立联系和协调行动,其对外政策具有隐蔽性、长期性和战略性,其对外行动往往隐秘而凶残。有人认为,他们拥有“四暗”,即暗知识、暗技术、暗组织、暗流转,因为一切都在“暗”中进行,容易被东道国所忽视。在大国博弈背景下,以过去自由竞争时期的思维应对,不仅经济利益会被控制和掠夺,而且主权、安全也会受到威胁和挑战。

V.  Lessons

五、启 示

For a long time, the United States and a very small number of Western countries have pursued imperialism to plunder the resources and wealth of other countries. Historically, they have mainly relied on launching aggressive wars. After World War II, they shifted to relying primarily on free competition. After the outbreak of the international financial crisis in 2008, and especially after the Trump administration came to power, they have shifted to strategic competition among major powers. The common feature is that they consistently seek benefits by achieving control over other parties. If we ignore the limits of opening up to the outside, the losses we suffer will not only be economic interests as during the period of free competition. Rather, in the period of strategic competition among major powers, national sovereignty and security may also be endangered.

长期以来,美西方极少数国家奉行帝国主义掠夺他国资源和财富。历史上主要依靠发动侵略战争,第二次世界大战后转向主要依靠自由竞争,2008年国际金融危机爆发后特别是特朗普政府上台后转向大国博弈,其共同特征都是通过实现对对方的控制而获取利益。忽视对外开放的限度,如果说在自由竞争时期损失的主要是经济利益,那么在大国博弈时期则不仅可能损失经济利益,还可能危及国家主权和安全。

1. We must be wary of the control of people’s thoughts exercised by U.S. and Western imperialist forces. The United States and other major Western countries have various means of controlling their competitors. When facing a big country like China, tough measures in the political, economic, and military fields are unlikely to be completely effective. Therefore, the use of their powerful media power and discourse power to carry out ideological infiltration and promote peaceful evolution has become their most important and effective means. They directly cultivate agents by bribing international students and training government officials, they use the selection of textbooks and curriculum to promote their ideology and cultivate comprador thinking, or win over “public intellectuals” and select “global youth leaders” to make them spokespersons. The measures to promote peaceful evolution, similar to the “Ten Commandments,” are implemented quickly or slowly, openly or covertly, gradually achieving the goal of creating agents in key areas such as policy making, talent training, and public opinion propaganda. This way, the positions, views, and ways of thinking of government officials, university teachers, and researchers in relevant departments are transformed in a direction that is conducive to their actual control. Some people hold important positions in key areas, but they ignore, downplay, or even suppress discussion of the above-mentioned phenomena and related opinions and suggestions, allowing these phenomena to run rampant and ensuring that opinions and suggestions contrary to them come to nothing. Therefore, we must abandon illusions, carry out necessary rectifications in the fields of political thought, cultural education, and propaganda and media, always adhere to our main ideological positions, and firmly seize the initiative in cultivating souls and educating people.

1. 须谨防美西方帝国主义势力对人的思想的控制。美西方主要国家对竞争对手的控制有各种手段,面对我国这样的大国,采用政治、经济、军事等方面的强硬手段均难以完全奏效,因此利用其强大的媒体力量和掌握的话语权实行意识形态渗透和和平演变成为最主要和最有效的手段。通过收买留学生、培训政府官员等方式将其直接培养成代理人,利用教材选择、课程设置等宣传其意识形态培养买办思想,或者拉拢“公知”、选拔“全球青年领袖”等使其成为代言人。将类似“十条诫令”的和平演变措施或快或慢、或明或暗付诸实施,逐渐在政策制定、人才培养、舆论宣传等关键领域实现“代理人化”,使相关部门政府官员、高校教师和研究人员的立场观点和思维方式向着有利于其实际控制的方向转化。一些人处在关键领域的重要岗位上,却对上述现象和有关意见和建议予以忽视、淡化甚至压制,使这些现象恣意横行,使这些意见和建议不了了之。因此,我们必须丢掉幻想,对政治思想、文化教育、宣传媒体等领域进行必要整顿,始终坚守意识形态主阵地,牢牢把握铸魂育人主动权。

2. We must be wary of the control over the financial field exercised by U.S. and Western imperialist forces. The financial market is the lifeblood of the national economy, and it is also an area that U.S. and Western financial capital groups have long coveted and in which they continue to “deepen their roots.” With the hollowing out of industries in the United States and Western countries, the economies of these countries are becoming increasingly financialized. A large number of financial practitioners and financial institutions are familiar with financial tools and means, and can skillfully employ them for the purposes of control and plunder. However, there has been no quantitative systematic research on the limits of financial market openness and the consequences of overstepping these limits, which are major issues related to national sovereignty, security, and economic interests.22 Completely removing restrictions on foreign shareholding in banking, securities, fund management, futures, and life insurance sectors may facilitate the actual control of U.S. and Western financial capital in these sensitive areas. Therefore, we must be cautious about the level of openness of the financial industry and guard against the United States and the West using their powerful financial tools and techniques for the purpose of control and plunder. We must prevent the large-scale cross-border flows of funds that would result from opening up too quickly. The incident where the Evergrande Group transferred assets overseas shows that such capital flows are highly concealed, difficult to supervise, and hard to recover, and that being “overconfident” with respect to regulatory capabilities may result in huge losses. In addition, it is also necessary to prevent leaks of important data, including financial information data and personal information, from becoming tools and means to achieve control and plunder. The United States’ repeated crackdowns on TikTok have used data and information leaks as an excuse, indicating that the United States and Western countries are already using data leaks as a tool and a means.

2. 须谨防美西方帝国主义势力对金融领域的控制。金融市场是国家经济的血脉,也是美西方金融资本集团长期觊觎、持续“深耕”的领域。随着美西方国家内部产业空心化,这些国家的经济日益金融化,大量金融从业人员和金融机构谙熟金融工具和手段,能够熟练运用金融工具和手段实现控制和掠夺。然而,金融市场开放的限度在哪里,突破限度将会产生怎样的后果,对这些关系国家主权、安全和经济利益的重大问题,迄今尚没有任何量化的系统研究。完全取消银行、证券、基金管理、期货、人身险领域的外资持股比例限制等,有可能为美西方金融资本在这些敏感领域实现实际控制提供便利。因此,要审慎对待金融业对外开放水平,谨防美西方使用其强大的金融工具和手段实施控制和掠夺。防止因开放步伐过快导致资金大规模跨境流动。恒大集团向境外转移资产事件表明,这种资金流动隐蔽性强、监管困难且难以追回,对监管能力“过于自信”可能蒙受巨大损失。此外,还需防止包括金融信息数据在内的重要数据和个人信息泄露成为实现控制和掠夺的工具和手段。美国对TikTok的反复打压就是以数据和信息泄露为借口,表明美西方国家已经在使用这些工具和手段。

3. We must be wary of U.S. and Western imperialist forces using legal tools to achieve control in areas such as finance. In recent years, in order to maintain their dominance and hegemony in the world economy, the United States and Western countries have frequently formulated and amended laws and regulations in an attempt to give “legitimacy” to their “new” means of control. For example, the Foreign Investment and National Security Act, which was promulgated and implemented in the United States in 2007, lists the factors that need to be considered in the national security reviews of foreign investment. The Foreign Investment Risk Review Modernization Act of 2018, revised in 2020, expanded the scope of “covered transactions” to include certain financial fields, geographic locations, health data, and genetic test results, and stipulated the important factors that should be considered when judging national security risks. In addition, it required review for some non-controlling forms of foreign investment.23 These adjustments represented an increased emphasis on the effect of “actual control” rather than specific rights (“controlling stakes” or “controlling interests”), reflecting the new understanding of national security among the United States and major Western countries in the period of strategic competition among major powers. Therefore, we must correctly understand the real motives of the United States and Western countries in making everything “national security” and, while granting foreign capital more and greater access and operating rights, further revise and improve China’s laws and regulations on foreign high-tech investment, improve its supervision capabilities and risk prevention and control capabilities for foreign high-tech investment, truly weave a tight web protecting national security, and effectively safeguard national sovereignty, security, and development interests.

3. 须谨防美西方帝国主义势力运用法律工具实现在金融等领域控制。近年来美西方国家为维护其世界经济主导权和霸权地位,频繁制定和修改法律法规,企图赋予其“新”的控制手段以“合法性”。例如,美国于2007年颁布生效的《外国投资与国家安全法》列举了对外资进行国家安全审查所需考虑的因素;2020年修订的《2018年外国投资风险审查现代化法案》扩大了“涵盖交易”的范围,其中涵盖的数据包括某些金融、地理位置、健康数据以及基因测试结果等;规定了判断国家安全风险时应重点考虑的因素。此外,还规定对一些非控制形式的外商投资加以审查。这些调整实际上转向更加重视“实际控制”的效果而非某种权利(“控股权”或“控制权”),反映了大国博弈时期美西方主要国家对国家安全的新认识。因此,要正确认识美西方国家泛化“国家安全”的真正动机,在赋予外资更多、更大准入和经营权利的同时,进一步修改和完善我国外高投资法律法规,提高外高投资监管能力和风险防控能力,真正织密国家安全网,切实维护国家主权、安全和发展利益。

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Cite This Page

杨国亮 (Yang Guoliang). "On China's High-level Opening Up to the Outside in the Context of Major Changes Unseen in a Century [论百年未有之大变局下的中国高水平对外开放]". CSIS Interpret: China, original work published in Contemporary Economic Research [当代经济研究], January 15, 2025

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