The Influence Of Competition Neutrality On China's State Owned Enterprises And Legal Countermeasures

In recent years,with the growing strength,plays an irreplaceable important role of state-owned enterprises in China's enterprises "going out" to compete in a global economy in the process,especially for foreign investment caused by "The Belt and Road" initiative in the new round of upsurge,the state-owned enterprise is playing a locomotive the main force and the Role.However,it is not to be ignored that at the same time,there are some new changes in the international investment rules of state-owned enterprises,especially the "competitive neutrality" rules,as a standard for adjusting and balancing the position of the state-owned enterprises and non-state enterprises in the market competition in a certain industry or a certain field.The reform of enterprises and participation in international competition will have a wide and far-reaching impact.How to fully and deeply understand the impact of competitive neutrality on China's state-owned enterprises and to take appropriate coping strategies is an important and urgent subject in jurisprudence and other fields.This paper uses normative analysis,historical analysis,comparative analysis and other methods to study the impact of competition neutrality rule on China's state-owned enterprises and legal countermeasures.On the basis of the basic theory,basic practice and evaluation of the rules of competition neutrality,and on the basis of the impact of the competitive neutrality rules on the state owned enterprises in China,the Legal Countermeasures of China's state-owned enterprises to cope with the rules of competition neutrality are put forward.Besides the introduction and conclusion,the main body is divided into four parts.The first part is an overview of the "rules of competition neutrality".This part discusses the concept,basic content,theoretical basis and application scope of the competition neutrality rule.The second part is the practice and evaluation of "competition neutral rule" in foreign countries.This part discusses the law making and application of the rules of competition neutrality and the latest development of the rules of competition neutrality in Australia,the EU,the United States and the OECD.By comparing and evaluating each version,we try to find the basic rule and development trend of the competition neutral rule.The third part is the influence of competition neutrality rule on China's state-ownedenterprises.On the basis of the current situation of the reform of China's state-owned enterprises,the current regulation status of China's competition law on state-owned enterprises and the current situation of the competition neutrality rules in China,this part further analyzes the overall influence of competition neutrality on China's state-owned enterprises,especially the choice of competitive neutrality on the reform of state-owned enterprises and the current competition law.War.The fourth part is the legal countermeasures for our state-owned enterprises to deal with the neutrality rules of competition,which is the core content of the full text.The author maintains that in view of the above influences and challenges,we should first establish the guiding ideology of positive and dialectical treatment.Then from three aspects of deepening the reform of the state-owned enterprises,perfecting the regulation of the anti monopoly law to the administrative monopoly of the state-owned enterprises and constructing the competitive neutrality system that conforms to the national conditions of our country,it puts forward the basic connotation,such as speeding up the classification reform of the state-owned enterprises,perfecting the corporate governance structure,restricting the administrative monopoly and the clear competition and neutrality.We should set up specific supervision institutions and complete supervision and appealing mechanism.