Study On The Legal Countermeasures Against The Competitive Neutrality Rules In China

The competition neutrality rule originated from Australian domestic law has become a typical representative of the new generation of trade and investment rules dominated by Europe and the United States.After years of practice and promotion in European and American countries,the competition neutrality rules have formed four major models represented by Australia,the United States,the European Union and the organization for economic cooperation and development(OECD),and evolved into bilateral and multilateral international rules.The rule of competition neutrality emphasizes that state-owned enterprises should not gain unfair competitive advantages due to their ownership background,thus undermining the normal market competition order.However,China's state-owned enterprises participate in the global economic competition because of their special ownership attributes and the identity of "mixing public and private",causing a huge controversy.European and American countries even exclude China's state-owned enterprises from participating in the global economic competition on the grounds that the main body is not qualified.Competition neutrality rules though is the European and American countries in order to give priority to the development of the emerging economies of legal weapons,to some extent,but also conforms to the law of development of market economy,therefore our country should be based on the improvement of the existing law,to regulate the relationship between the government and the state-owned enterprises,promote the improvement of the internal governance structure of state-owned enterprises,and actively build Chinese competitive neutrality rules,these rules which accords with the value orientation of China will eventually,infiltrate into our country participate in bilateral and multilateral trade agreements,to build a broad participation in the competition neutrality rules of new standards.The introduction of this article summarizes the research status of competition neutral rules at home and abroad.Apart from the introduction,the article is divided into four chapters.The first chapter discusses the basic theory and content of competition neutrality,which is the theoretical basis of the whole article.Chapter 2 discusses the origin of competition neutrality rules and the current development in several representative countries and international organizations.By referring to the practice of foreign competition-neutral rules,it providesvaluable experience for China to participate in the negotiation of free trade agreements involving competition-neutral rules,and to formulate competition-neutral rules in accordance with its own interests.The third chapter examines the competition-neutral clauses in China's existing legislation,law enforcement and judicial practice from the perspective of competition-neutralism,as well as the difficulties and deficiencies it faces,and then demonstrates the necessity and feasibility of comprehensively introducing competition-neutral rules.The fourth chapter mainly discusses that the development of competition-neutral rules puts forward higher requirements on China's state-owned enterprises,which is both an opportunity and a challenge.Therefore,the author proposes to start with the rules and base on the government,state-owned enterprises and market demand for a gradual and orderly approach Optimize reform,and legally propose rationalization proposals for state-owned enterprises to realize the unity of their own economic interests and social values.