Research On The Difference Between The State-owned Enterprise System And The CPTPP Standard And Its Countermeasures Under The Background Of Joining CPTPP

Since 2020,China has actively explored joining the CPTPP agreement to share the development opportunities behind it.However,some provisions of the CPTPP agreement are highly innovative and have a high threshold,which become an important obstacle for China to join the CPTPP.The relevant provisions of state-owned enterprises and designated monopoly chapters are one of the most representative ones,many of which are quite different from China’s state-owned enterprise system.For example,China adopts the traditional and narrow definition of state-owned enterprises,that is,state-owned enterprises controlled through ownership.The definition of state-owned enterprises in the CPTPP agreement includes not only the content of ownership,but also the content of management right.The subject identification of subsidy providers in China has always included only public institutions,and the non-commercial aid in the CPTPP has removed the original subject restrictions.In addition,the non-commercial aid in the CPTPP has a wide definition and involves a wide range of fields,so that the scope of state-owned enterprises being constrained by the CPTPP agreement has been greatly expanded.The principle of "non-commercial assistance" and "principle of commercial consideration" and "principle of non-discrimination" complement each other and constitute a strict anti-subsidy system aimed at regulating state-owned enterprises under the CPTPP agreement and making them have natural profit-seeking,but the state-owned enterprises in our country as a special means of effective macro-control of the socialist country.It has the natural mission of serving the overall situation,so it is more vulnerable to the target of CPTPP agreement;The CPTPP agreement has high requirements for the information disclosure of state-owned enterprises.Currently,China cannot meet its standards,and excessive information disclosure may "give others a handle",and become the evidence of other countries to conduct anti-subsidy review on China.To better meet the challenges of regulation,we must insist on reform and negotiation on two legs.On the one hand,we should strengthen the construction of grassroots Party organizations of soes,reduce the number of soes to be regulated through mixed ownership reform and classified reform,establish a more scientific management mode of soes,and stimulate the vitality of soes’ competition.We will strengthen the construction of laws and regulations related to state-owned enterprises,improve the legal system and strengthen public supervision.On the other hand,it is also necessary to actively study the negotiation cases of other countries joining CPTPP,such as Vietnam,also a developing country,to learn from the negotiation experience.At the same time,it is necessary to cultivate the mixed talents of law and business to provide talents support for the negotiation.Finally,negotiation techniques such as issue binding should be put to good use.