A Legal Study On The State-owned Enterprise Terms Under The Competitive Neutrality Rules

Competitive neutrality policy is introduced in Australia,in the 1970s in order to promote domestic economy,Australia started the reform of state-owned enterprises for competitive neutrality.The competitive neutrality policies requires that the state-owned enterprise can not enjoy any improper competitive advantages because of its ownership,creating a fair competitive environment for state-owned enterprises and private enterprises.The competitive neutrality policies not only applies in the field of state-owned enterprises,but also applies in anti-competitive behavior of the government.With the development of economic globalization,the competitive neutrality policies has exceeded the scope of domestic law,extended to the field of international law.The developed countries presented by America believe that the state-owned enterprises with the improper support from the government distort the allocation of social resources and threat the international fair competition order.Therefore,developed countries actively promote the competitive neutrality policies in different international organizations,trade negotiations and other occasions,in order to formulate a new generation of competitive strategies concerning with international trade and investment rules.Otherwise they believe that the new competitive rule can impose restrictions on the development of state-owned enterprises from the developing countries especially Chinese state-owned enterprises.Firstly,the article introduces the concept of the competitive neutrality policies and illustrate the legal basis of the policy.Besides,the article analyze the law system in Australia,European Union and America through comparative approach.Furthermore,the article introduce terms of state-owned enterprise in WTO,OECD,BIT,FTA and so on,explaining the development process of terms on state-owned enterprise.The competitive neutrality policies will become an inevitable subject on Chinese economic development and trade activities.We should give serious consideration on the competitive neutrality policies,analyzing the influence of Competitive neutrality policies on Chinese economy.The competitive neutrality policies can not only optimize the allocation of resources,but also enlarge the operational effectiveness of state-owned enterprises.In other word,the competitive neutrality policies is in line with the object of the state-owned reforms.Now in China there are too many state-owned enterprises which get many improper competitive advantages from the government,however,they are still less efficient during their operation.China should establish a competitive neutrality strategy based on the characteristics of China's current domestic economic situations,constructing our own competitive neutrality rules to promote the reform process of Chinese state-owned enterprises.It will improve the competence of the state-owned enterprises and turn them into fully independent market entities.It is supposed that we should carry out a competitive assessment of anti-competitive conduct of the government to analyze the competitive effects of the anti-competitive institutional arrangement.Moreover,we should actively take part in international negotiations and introduce Chinese competitive neutrality policies to the world.