The Impact Of Competition Neutrality On The Reform Of SOEs In China And Its Countermeasures

Competition is the normal state of the market economy,and equity is one of the essential requirements of competition.Fairness allows competition to operate within the framework,which in turn makes competition more just.Fair competition in the context of economic law mainly reflects that different market competitors should be in the same competitive environment in the same market,which is exactly the core of "competition-neutral" theory.On this basis,the scope of application of competitive neutrality only adjusts the competition between state-owned enterprises and private enterprises.The purpose is to eliminate the competitive advantages of state-owned enterprises and finally create a level playing field between them.With this basic pursuit as the center,"competitive neutrality" has completed the evolution from theory to domestic legal system,and then to the evolution of international economic and trade rules,and has formed three different modes of practice represented by Australia,OECD and the United States.Because of the different background,objectives and strategic intention of the system,there are also significant differences between different models of competitive neutral rules and standards.Out of the "American first" strategy,the United States vigorously promotes "competitive neutrality" in FTA,BIT and multilateral trade negotiations.But this model of competition-neutral rules has deviated from its original meaning because of its strong political nature,which has brought many barriers to the overseas operation of our state-owned enterprises.Moreover,under the impetus of Japan,one of the supporters of American "competition neutrality," the formation of CPTTP may directly affect the economic structure of East Asia.Therefore,nowadays how to reduce the negative impact of the rule on the state-owned enterprises in our country has become an urgent issue to be solved.However,in the context of the development of "competition-neutral" rules,there is a front-end issue worthy of our attention,which is the definition of state-owned enterprises as an extension of its definition.Part of the organization in practice adopted a more broad definition of state-owned enterprises,which conflicts with the relevant provisions of our country.At the present stage of our country,the reform of mixed-ownership and classification reform of state-owned enterprises is in full swing.The purpose of this reform is to abandon the defects of state-owned enterprises and become independent market players to participate in market competition fairly.However,the fact is that a large number of mixed ownership companies still cannot escape the applicable scope of the rule.Moreover,there is a difference between the State-owned enterprises define the exception and the classification reform path in China.Based on this issue,this article attempts to find a suitable way for the reform of state-owned enterprises that is in line with China's national conditions by comparing the different practice patterns and analyzing their characteristics.Of course,the core pursuit of "competition neutrality" is also in line with the goal of the reform of state-owned enterprises in our country,therefore many theories of the system have some reference to deepen the reform of state-owned enterprises in our country.In order to clarify the above issues,the main text of this article is divided into four sections: The first chapter mainly introduces the origin and development of "competition neutrality" and the basic theory of the principle,and brings out the challenge by it in our country.The second chapter mainly compares the scope of rules of different Practice patterns and analyzes its general characteristics.The third chapter compares the above rules with the current situation in our country,and analyzes the challenge.On the one hand from the perspectives of ownership and control power,and combined with the case analysis the negative impact of the rule.On the other hand,it analyzes the external pressure that the state-owned enterprises define the exception to the classification reform of SOE.Finally,the paper proposes that the next step of mixed-ownership reform should clarifying the definition of SOE according to the definition of ownership,and the classification reform should detailing the classification standard,and constructing the relevant legal system externally.