Study On The Competition Clauses Of China's Free Trade Agreement

The free trade agreement competition clause is a new topic in the field of international trade law.With the deepening of global economic integration and the increasingly complicated economic relations between countries,the importance of competition clauses in free trade agreements has become increasingly prominent.It has become a normative regulation of private competition,purifying a fair and competitive market environment and realizing regional trade.Important legal guarantees for liberalization.As far as the development status of the free trade agreement competition clause is concerned,the competition provisions of the free trade agreement of the United States and other western developed countries have become more perfect.In contrast,most developing countries including China are important to the free trade agreement competition clause.There are certain deficiencies in sexual understanding.Especially in the case of China,the world's second largest economy and trading power,more than 40 trade partners from the beginning of reform and opening up development to the present more than 120 countries and regions,China with a total of 25 countries and regions reached 17 Free trade agreements,there are only five free trade agreements involving the content of the competition clauses in these free trade agreements,and only the China-Korea Free Trade Agreement and the China Georgia Free Trade Agreement are more comprehensive and detailed.The other three free trade agreements are only symbolic references to the terms of competition.At this stage,China is already a country with both trade importing powers and exporting powers.Therefore,in the process of concluding a trade agreement,China must pay attention to both the sovereign interests of the parties and the legitimate rights and interests of market consumers.At present,due to the imperfect competition clauses,China is always in a passive state due to the lack of sufficient legal basis in the settlement of international economic disputes.Chinese enterprises,especially state-owned enterprises,are often frustrated by various policies and legal discrimination in the process of foreign investment.Seriously constrained the development of China's economy.With the in-depth implementation of the “Belt and Road” construction,China will reach a free trade agreement with more countries,and there will be more and more trade exchanges,and corresponding market competitiondisputes will become more frequent.Under the background of global economic integration,this paper compares and studies the specific rules of the free trade agreement competition clause,analyzes the problems existing in the competition provisions of the China Free Trade Agreement,and puts forward specific suggestions for improvement.The first chapter is an overview of the terms of the free trade agreement competition.It introduces the concept and content of the free trade agreement competition clause;analyzes the historical development of the competition clause and the reasons for the rise of the clause;summarizes the value objective and role of the competition clause.The second chapter is about the establishment and evaluation of the competition clauses of extraterritorial free trade agreements.Based on the Agreement on the United States and Mexico and the CPTPP Agreement,the relevant provisions of the extraterritorial regulations are analyzed from the perspectives of consumer protection,state-owned enterprise competition and competition dispute settlement mechanism.Finally,the CPTPP agreement competition clause is evaluated.The third chapter is about the practice and existing problems of the competition provisions of the China Free Trade Agreement.Firstly,it examines the practice of the competition clause of the China Free Trade Agreement.Secondly,it compares and analyzes the relationship between the competition clause and the domestic competition law,and summarizes the significance of the existence of the competition clause.Finally,according to the above analysis of the practice of the competition clause of the China Free Trade Agreement Point out the main problems in the competition provisions of the China Free Trade Agreement.The fourth chapter is to improve the competition provisions of the China Free Trade Agreement.Specifically,it includes the principles for improving the competition provisions of the China Free Trade Agreement and the text setting of the competition provisions of the China Free Trade Agreement.