The Development Of Competition Neutrality Rule And Its Enlightenment

Competitive neutrality rules are designed to ensure that all companies would not meet unfair competitive advantage because of non-commercial considerations.It mainly tries to adjust the behavior of government and state-owned enterprises.The behavior relates to various non-business assistance,such as subsidies,credit,goods and services.And it is also involved in differential treatment in law or regulation,or the bias in the process of purchase and sale.Origin of competitive neutrality rules is the reform of state-owned enterprises in Australia.As the state-owned enterprises with the global power escalating,competition neutrality rules began to widely spread.However,the international competition neutrality of each main body is different.From the perspective of the definition of state-owned enterprises,the domestic Australia advocates that "business" is more important,rather than ownership.While the United States claims to ownership and government influence,it even proposed state-owned capital accounted for more than 20% as state-owned enterprises.The United States tried to impose its own competitive neutrality on others by the chance of negotiations of trans Pacific Partnership Agreement(TPP).But its claims have not been fully adopted by the agreement.TPP’s final text defined the equity ratio of state-owned enterprises up to 50%.In addition,the TPP neutral competition,such as information disclosure requirements,is also harsh.Competitive neutrality rules in China is in the bud,which is respectively,projected in the state-owned enterprise reform,free trade zone construction,competition law.However,the competition law alone is not enough to regulate the unfair advantage of state-owned enterprises,and it is necessary to establish the supporting policies.Although the rules of competition neutrality do not know when it will really evolve into universal international rules,but the U.S.version or TPP version of the competition neutrality rules will still have a spillover effect on China.For avoiding the obstacles that may be encountered in the future foreign investment and trade agreement negotiations,China should establish its own competitive neutral position.In this regard,China can continue to confirm the test in Shanghai Free Trade Zone after the first line.This experiment includes the reform of state-owned enterprises,the development of competitive law outside the policy system,and gradually form a competitive neutral mechanism.In view of the practice of uncertainty,China should also continue to maintain the momentum to promote regional trade,actively leading trade agreement negotiations,to avoid the heteronomy and take the initiative.