Legislative Trends Of State-owned Enterprise Provisions In International Trade Agreements And China’s Response

This paper takes the state-owned enterprise provisions in the international economic and trade agreements as the research object,and through comparing the content of various international economic and trade agreements,it summarizes the connotation and extension of the state-owned enterprise clauses,what are the specific differences,and what is the legislative evolution trend of the state-owned enterprise provisions? Thus conclude that the state-owned enterprises will be subject to what specific legal constraints? What opportunities and challenges will these legal and rules exist for our country? On this basis,the corresponding legal suggestions are put forward for the reform of our state-owned enterprises,and the Chinese plan is put forward for China’s participation in the negotiations of international economic and trade agreements.The first chapter introduces the theoretical basis and the source of the SOEs,then analyzes whether the state-owned enterprises enjoy special competitive advantages and what specific aspects;then,analyzes the contents of the current WTO coverage agreement in the current WTO and introduces the provisions of the core characteristics of international economic and trade agreements.The second chapter mainly discusses the changes in the scope of Chinese enterprises included in the international economic and trade agreements.First,it explains the relevant concepts involving state-owned enterprises in the WTO covered agreement.Under different agreements,the legal definition of state-owned enterprises is different.Secondly,by comparing the definitions of Chinese enterprises in various regional free trade agreements,the common characteristics of the provisions of state-owned enterprises under different agreements are summarized,that is,the entity must be "owned or controlled by the government" and engaged in commercial activities.The third chapter begins to discuss the core provisions of state-owned enterprises.First,the non-discriminatory treatment and commercial considerations provisions under GATT are analyzed,to clarify the specific connotation of the two in the GATT agreement and the relationship between the two,that is,commercial considerations are only the clarification of non-discriminatory treatment.Then introduce the specific connotations and changes of the new generation of international economic and trade rules,the most obvious change is the overall expansion of non-discriminatory treatment clauses,the regulation field from trade in goods to services and investment;at the same time,the business consideration clause will serve as an independent obligation to regulate the development of state-owned enterprises.The fourth chapter mainly discusses the connotation of non-commercial aid terms,change and development,the current subsidy and countervailing agreement has many problems,such as subsidies subject unclear,subsidies interests of external benchmark applicable scope is narrow,and the judgment of subsidies specialization,etc.,a new generation of international economic and trade rules for the new shape,the non-commercial aid terms in subsidies subject scope,subsidies and the specific judgment have the new development.The fifth chapter mainly discusses how China’s state-owned enterprises should face the increasingly stringent international economic and trade regulations,the strict provisions of state-owned enterprises have been the general trend of The Times,to this,China needs to adjust in time,in order to better adapt to the international economic and trade rules.On the one hand,the country will continue to deepen the reform of state-owned enterprises,the legislation of state-owned enterprise provisions and the reform of state-owned enterprises and the market economic system reform goal is consistent,on the other hand,the country in international negotiations,to actively grasp the voice,uphold the principle of multilateral consultation,national equality,put forward the definition of state-owned enterprises with Chinese characteristics,but also actively learn from the experience of other countries,use exception clauses for the best interests of our state-owned enterprises,etc.In summary,all countries are more attention to state-owned enterprise terms,involving the law of state-owned enterprises and system is more perfect,a new generation of international economic and trade rules for the current WTO agreement made new development,make the state-owned enterprise terms more mature,but this does not mean that the state-owned enterprise terms has scientific,rationalization,its further development and adjustment of space.China plays an important role in the world.When participating in international economic activities,China should actively assume international responsibilities and show the responsibility and wisdom of a major country.