Development Of "Competitive Neutrality" And Legal Solutions Of Chinese State-owned Enterprises

Since the 2008 economic crisis,people who question or deny the free market economy have been increasing.At the same time,standpoint of the “Beijing Consensus” and “China Model” has spread rapidly among emerging economies.The developed countries,such as Europe and the United States,view the 21 st century as an era in which the free market economy and the state capitalism are opposed to each other.They began to take precautions and restrictions on the latter.Then,the concept of "competitive neutrality” has shown up on the international market.While the United States has disagreements on the emergence of "neutral competition," its aggressive promotion of this rule on the international market has aroused strong opposition from most countries.Because each country’s economy situation and legal system are various,there is no acknowledged definition of "competitive neutrality” either,advanced economies,such as the United States and Europe,who have continuously promoted this immature principle during international negotiations or in international organizations recently,the “selfishness” to curb the competitive ability of domestic industries in emerging economies is really suspicious.As a developing country with public ownership as the main part and state-owned enterprises occupying a dominant position,at the same time state-owned enterprises are vigorously promoting the development of various industries in the “Going Global”process as well,regarding the " competitive neutrality” as "over-WTO" or a new tool for trade protectionism is not alarmist,and during the negotiation of international agreement,we must be cautious of the behavior pushing the neutrality rules without considering our objective conditions.On the other hand,currently "competitive neutrality" is hard to have an adverse impact on China’s "Going Global" process,it is known through tracing of the "competitive neutrality" concept and combining with the legal connotation of fair competition,if we regard making up for existing competition law as a starting point,"competitive neutrality" is an indispensable supplement to the current competition law.It does have the necessary and space for long-term development.Successful practice of other countries and the relevant clauses in recent international agreements also has certain guiding value for China’s reform of state-owned enterprises.