The Regulation Of Competition Neutrality Rules In FTA On State-owned Enterprises And China's Countermeasures

After the 2008 economic crisis,SOEs were once again valued as a way to correct domestic market failures,take on project risks,and become an important driving force in improving infrastructure and social services.With the development of economic globalization,SOEs gradually show their dominant position in the international market by virtue of their unique competitive advantages,and attract the continuous attention of the international community.Therefore,the appeal to introduce the competition neutrality rule of SOEs into the international law is getting stronger and stronger.Firstly,this paper analyzes the reasons why the free trade agreement introduces the competition neutrality rule of SOEs.It is caused by the unfair competitive advantages of SOEs and the insufficient regulation of the existing international economic and trade rules on the competitive behavior of SOEs.Secondly,this paper discusses the composition of competitive neutrality rules in free trade agreements under the leadership of the United States and Europe:In terms of entity rules,the regulation of SOEs is strengthened by expanding the scope of definition of SOEs,refining the content of non-commercial aid,and gradually evolving the principle of commercial consideration into an independent obligation parallel with non-discriminatory treatment;In terms of procedural rules: By strengthening the obligation of information disclosure,improving the requirement of transparency,establishing the principle of evidence discovery,turning evidence provision into a mandatory obligation,and making the issue of SOEs resort to the dispute settlement mechanism that to enhance the enforceability of entity rules and make the rule of competitive neutrality of SOEs a system with "teeth".Based on the above analysis,this paper comes to the following conclusions: first,free trade agreement has the risk of exacerbating the fragmentation of international treaties;Second,developing countries will be increasingly marginalized.In this environment is bound to make China's SOEs "go out" face more obstacles.The competition neutrality rules for SOEs will be another obstacle to the national security review regulations that restrict the overseas development of Chinese SOEs.As for the influence of competition neutrality rules in free trade agreement on China,this paper argues that China should actively deal with it from both international and domestic levels.At the international level,we should actively seek the way to participate in the negotiation,participate in the formulation of the free trade agreement,maintain the multilateral economic and trade system,actively participate in and promote the reform of WTO,and make use of the WTO multilateral rules to restrict the competition neutrality of SOEs in the free trade agreement.At the domestic level,China should promote domestic reform in a pragmatic manner,actively absorb the reasonable elements of the American market economy system,and correspondingly revise the competition law to further promote the reform of China's SOEs and strive to create a fair market environment for competition.