The Influence Of Competitive Neutrality Principle On Overseas Investment Of State-owned Enterprises Of China And Its Countermeasures

In recent years,with the deepening of economic globalization,in the field of international investment,the overseas investment of state-owned enterprises in emerging economies has become the focus of the world.In order to restrain the influx of foreign capital brought by the industry impact,the US led developed capitalist countries had to exclude emerging economies especially in China's foreign investment for national security review system,but the system with obvious political reasons,and once distorted.In order to maintain the fair competition environment and the domestic economic order in the field of international investment,the developed capitalist countries,led by the United States,have pushed the principle of competition neutrality to hinder the process of overseas investment.The principle of competitive neutrality advocates of state-owned enterprises and private enterprises to compete in a fair environment,and state-owned enterprises in China enjoy special treatment because of the government,there is no neutral phenomenon,so the competition neutrality is likely to become the qualification review barriers in state-owned enterprises of China to enter the market investment in his country.Along with the international community to pay more attention to the principle of competition,it is necessary to pay attention to,study and analysis of the principle of competitive neutrality,to definethe development process of the principle,the applicable scope,impact assessment of competitive neutrality principle of overseas investment of state-owned enterprise in our country,in order to make effective countermeasures to deal with the competition neutrality review as soon as possible for overseas investment,state-owned enterprises of China laid a solid legal basis and create a good market environment for investment.And with the United States Trump announced the withdrawal of the TPP Agreement(Trans-Pacific Strategic Economic Partnership Agreement),China should seize the opportunity to study and develop in line with the Chinese version of the principle of competitive neutrality,in order to obtain the right to speak of international investment rules.This paper is divided into four parts.The first part mainly elaborates the domestic and foreign research present situation about the competitive neutrality principle,and makes the preliminary inquisition to the competition neutrality principle,provides the theory basis for this article elaboration.Discusses the principle of competitive neutrality including competition principle in origin,the principle of competitive neutrality in foreign legal practice and analysis of the principle of the second part.The third part discusses the legal relationship of overseas investment involved,and through the elaboration of the strategy of "going out","The Belt and Road" strategic analysis of China's foreign investment strategy and achievements of the overseas investment barriers.The fourth part discusses the evaluation of competitive neutrality rules on the subject of state-owned enterprises of China,the transparency of state-owned enterprises to review the provisions of state-owned enterprises,such as subsidies.In addition,this paper discusses the duality of the influence of competition neutrality principle on the overseas investment of Chinese state-owned enterprises.Including positive effects such as to open up foreign markets to provide theoretical support and negative effects such as a new threshold for market access,the threat of state-owned enterprises have overseas investment,expand the foreign competitors disadvantage.The fifth part mainly discusses the Countermeasures of our country's state-owned enterprises to deal with the competition neutrality principle.First,in order to deepen the reform of state-owned enterprise system in our country and put forward specific measures including deepening the reform of state-owned enterprise system in our country,the establishment of state-owned enterprises classified management mechanism,normative model and preferential policies,establish a reasonable transition period.Secondly,the author puts forward some measures to improve the domestic legal norms,including increasing the transparency of the provisions of the review,improving the overseas investment insurance system,the establishment of competitive assessment review system.Finally,the author puts forward some suggestions on the international level,including the establishment of the Chinese version of the principle of competitive neutrality,and strive for the right to speak out the international rules.