| In the early 20 century, many economists predicted that state-owned companies would step down the history stage, but they were wrong. The companies didn’t break out, instead they became more and more prosperous. They expanded their international impacts, going out the boarders. Especially, since global financial crisis in 2008, some developed countries were urged to get money for recovering their domestic finance. Because of this, some companies which were controlled by developing countries’ government had an opportunity to make capital export. In accordance with the 2012 ICC Guidelines of International Investment, during 2004 to 2008, 117 state- owned companies from Brazil, Russia, India and China stepped into the International market and got into Forbes rank list of 2000 companies. They had become a force to be reckoned with in the development of the international investment law. However, some developed countries worried about this. American experts regard this mode of investment as state capitalism which is different from the free investment modal. They believed that such behavior would be harmful for domestic employment and fair competitive market. As a response to the impact of state capitalism, United States deputy Secretary of State R.Hormats referred that competitive neutrality principle should be included into the investment policy.With “return to Asia†strategy, Trans-Pacific Partnership Agreement which include competitive neutrality principle, dominated by U.S. were signed in October 2015.The first chapter begins with the current sources and concept of competitive neutrality principle and analyzes the reason of its rising. Comparing with the logical opposite, author explains the concept of the competitive neutrality and further demonstrates its sources, impact and origin. In the end, we concluded the objectives of the competitive neutrality principle.The second chapter uses comparative approach to analyze the law system in western developed countries. By studying and analyzing legislative procedure and judicial procedure in U.S., British and Australia, we could know the design of the competitive neutrality principle and application of the competitive law.The third chapter focuses on the competitive neutrality terms in International Agreements. From the latest and most impressive agreement-TPP, to Free trade Agreement between U.S. and Singapore, ending up with P4 and NAFTA, we could analyze how competitive neutrality developed.The fourth chapter discusses the suggestions, in accordance with the previous analysis. First, we should participate in the draft of the International rules. Second, state-owned companies should be reformed to meet the international standards. Third, improve our legislative procedure and judicial procedure- establish a special diversion to take responsibility for anti-monopoly.In consideration of competitive neutrality, China both in international and domestic level are still unable to form a targeted response rules. International agreements on the terms of the competitive neutrality in recent decades, are constantly changing. Competition neutral principle are constantly improving too, and will bring great challenge to China’s state-owned enterprises. From the deepening reform of state-owned enterprises, we will build better legislation judicial system. |
