Research On The Impact Of The Rules Of State-owned Enterprises In TPP On Our Country And Legal Countermeasures

The rules of State-Owned Enterprises(SOEs)in the Trans-Pacific Partnerships(TPP)are the highest standard,with the most detailed and groundbreaking content so far.Whether TPP takes effect or not,its rules challenge a lot the survive and development of SOEs and certainly will lead to the revolution of the future international rules in economy and trade.This paper puts emphasis on the advantages and problems of the rules of SOEs and makes a comparative analysis on three most special and controversial rules which are non-commercial assistance,transparency and jurisdiction to look for the right position when we negotiate with TPP members and look for countermeasure when SOEs in China are faced with these high-standard rules.There are five chapters in this paper.The first chapter defines SOEs in TPP and clarifies the scope of application.And it is necessary to discuss the three rules in TPP.It is on the study of the theory and legislation practice for Competitive Neutrality and makes a comparison with the rules of SOEs in TPP in the aim,content and so on.The theoretical basis of the rules of SOEs in TPP is Competitive Neutrality which originated from the right of competitive fairness and it puts emphasis on Competitive Neutrality not only in structure but also in content.The following three rules are also the embodiment of Competitive Neutrality.But it can be found that the TPP SOEs rules are politically directed at the countries which owns a large number of SOEs.The second chapter compares non-commercial assistance in TPP with the SCM agreement in WTO.Although it simplifies the definition of the subject,it raises questions when it greatly broadens the scope of application.If the SOEs’ activities bring adverse effect to the non-member countries because of the non-commercial assistance,these SOEs will be included in the scope of regulation and should obey the related high-standard rules.The expansion of the scope of application influences a lot on such countries as China those who owns a large number of SOEs.If China accepts the rules passively,it will greatly inhibit investment and trade.The third chapter introduces the SOEs’ high-standard transparency.Although it is in detail,it may not only increase our SOEs’ transaction cost but also squeeze foreign investment.And it may be abused just like National Security Review.The fourth chapter focuses on the pointcut of the relevant case in China which is sticking to absolute immunity.And it raises the conflicts with countries such as China who are sticking to restrictive immunity because the courts in the TPP members’ countries have the jurisdiction on SOEs.The fifth chapter analyzes the theory of Competitive Neutrality and the above three issues’ effect on our country.Accordingly,if we negotiate with TPP members,it comes to a conclusion that we should push the Competitive Neutrality identification and refuse the rules hiding political intention,modify our anti-monopoly act,deepen the reform of SOEs,regulate government subsidies,improve the transparency of SOEs properly and enact the law on jurisdictional immunities of states and their property to change the attitude to restrictive immunity when our SOEs faced the problems in scope of application,transparency and jurisdiction.