On The Legal Risks Facing State - Owned Commercial Banks Under The Multilateral Trade System And The Countermeasures

State Owned Bank plays an important role in China’s economy. Disputes related to SOBs frequently appeared since 2001 when China became a formal WTO member. ‘US—Definitive Anti-Dumping and Countervailing Duties on Certain Products from China’(DS379) is the first case which China sues the US for breaching SCM Agreement. Appellate Body finally determined that China’s SOBs, which were considered to be ‘Public Bodies’, did provide specific subsidies to involved enterprises. This conclusion sets future troubles for China’s SOBs since the ‘State Owned’ character still exists.Besides risks under WTO framework, the newly signed Trans-Pacific Partnership Agreement(TPP Agreement) provides more restrictive SOE rule in an independent chapter, which creates Non-Commercial Assistance basing on the combination of traditional competition policy and subsidy rule. China’s SOBs, as a special kind of SOE, should pay enough attention to the new SOE rule and prepare for the potential risks, although China is not a TPP member yet.With the beginning of another round of mixed ownership reforming, Considering the great influence of TPP Agreement and the possibility of China’s entering, China’s government and SOBs should take the chance to make long-term strategy helping reduce threats from both WTO and TPP Agreement.This article consists of four Chapters: Chapter1 will find the weak points of China SOBs by analyzing the case; Chapter2 aims to list legal risks under WTO framework by analyzing Panel and Appellate Body Reports and the status quo of China’s SOBs. Chapter3 will try to catch the rule-making trend about SOEs by studying TPP Chapter17, and find out potential risks China’s SOBs may have to settle. Chapter4 is going to provide feasible suggestions.