Study On The Development Of Competitive Neutrality International Rules And China’s Countermeasures

In recent years,the "competitive neutrality" rule has been promoted by the United States and Europe and has become one of the focus topics of world trade,and has gradually been reflected in bilateral and regional trade and investment agreements.This is because developed countries such as the United States and Europe have threatened their competitive advantages in international economic activities,while the WTO has reached a deadlock in the negotiation of competition policy issues and is unable to implement new international rules under the multilateral trading system.It has turned its attention to regional free trade agreements.Promote competition neutrality rules at all levels,with a view to reshaping a high-standard international economic and trade system that conforms to its interest orientation.The nature of the rules of competition neutrality is positive-traditional international trade rules do not regulate the competitive behavior of state-owned enterprises.The implementation of competition neutrality can restrain international unfair competition behavior,or force the reform of domestic state-owned enterprises,but beware of deviations.The original content has evolved into a tool for developed countries to implement trade and investment protection and suppress developing countries,preventing state-owned enterprises from entering the international market.Therefore,it is necessary to clarify the connotation and logic of competition neutrality rules in various free trade agreements and international exchanges.Although China has not signed a FTA with foreign countries and promises to be bound by specific competition neutrality clauses,it seems that it will not be affected by competition neutrality clauses,but as other scholars worry,it must be guarded against the passive situation of "second access to the WTO" occur.Developed countries rely on their political and economic influence in the international arena to formulate and promote competition-neutral rules in line with their interests,and promote the acceptance of rules by other countries through bilateral or multilateral agreements,gradually making them universally accepted by the international community rule.Once a consensus is reached on the rules of competition neutrality and they rise to become a new international economic and trade rule,it will be difficult for China to reflect its own development demands in it.The relative advantages of my country’s export products gradually accumulated through market competition under the current WTO framework may be severely hit by the exception of some WTO members to apply the competitive neutrality rules led by the United States.Therefore,China should also actively pay attention to the dynamic development of competition neutrality rules under the current international situation,especially its performance in FTAs,so as to be able to respond and respond in a timely manner.Therefore,the content discussed in this article is mainly based on the detailed analysis of the evolution,connotation and logic of the competition neutrality rules,and the selection of representative and relatively new FTAs such as CPTPP,EJEPA,USMCA,and China Europe in the development process of the competition neutrality rules.Agreements are the entry point for research,and through comparative analysis,we can intuitively understand the current demands and main development paths of the competition neutrality rules.Summarize the relevant research results,analyze the development trend of the competition neutrality rule and its motivation,and combine China’s demand for competition neutrality to Chineseize the competition neutrality,and find a way out in line with China’s development interests.Structurally,this article includes three parts: introduction,main body and conclusion.The main text consists of four chapters.The first chapter mainly summarizes the basic concepts of competition neutrality.Mainly by introducing the development process of competition neutrality rules from domestic policies to international bilateral rules,to the nature of international soft law,to international multilateral rules,summarizing the concept of competition neutrality generated and used in the development process,and summarizing the definition of competition neutrality in this article.Clarify the differences and connections with similar concepts such as "competition law","ownership neutrality",and "state-owned enterprises".Finally,from the perspective of economics and international politics,the significance of the competition neutrality rule is inferred.The second chapter focuses on the research and analysis of the competition neutrality rules in the FTA clauses.On the one hand,by selecting the internationally typical and mature models of developing competition neutrality rules in FTAs such as the United States,Europe,Australia,and China’s current competitive neutrality model as a sample reference comparison,we can observe its development characteristics and national positions.On the one hand,focusing on the new generation of FTAs such as CPTPP,USMCA,Australia-Korea FTA,EJEPA,EVFTA,and the main terms of competition neutrality in the China-EU Agreement,such as scope of application,substantive rules,procedural rules,etc.,analyze the commonalities and individualities,and try to summarize the current competitive neutrality.The basic outline of each clause and provide practical evidence for development trend analysis.The third chapter summarizes the development trend of competition neutrality from the three aspects of the status,content,and participants of the competition neutrality rule based on the previous conclusions and combined with the international situation.From the perspective of motivation analysis,analyze whether the current competition neutrality rules are justified and reasonable,clarify the path of the legitimate competition neutrality rules,and undertake the next chapter of China’s response and form competition neutrality rules that meet its own needs.The fourth chapter first clarifies China’s basic position and needs for competition neutrality rules,and then actively explores specific measures to cope with the strategy,namely the sinicization of competition neutrality,based on the position and demand,such as improving the competition law system from the legal level,and from the level of the structure of state-owned enterprises.Deepen the reform of mixed ownership,carry out pilot work from the implementation level,and actively carry out bilateral or regional cooperation based on China’s proposal from the international countermeasure level.