Research On State-owned Enterprise Disciplines In The USMCA And China’s Legal Responses

Recently,state-owned enterprises(SOE)are playing an increasingly important role in the world economy.It is believed that the SOE obtain unfair competitive advantages different from the private enterprises and will distort competition in international markets.Therefore,state-owned enterprises disciplines(SOEs)began to be concerned.As a concept under Competition Law,SOEs were originally proposed by Australia,which is the main content of Australian domestic law reform.Since then,the principle of competition neutrality has been popularized in the world from domestic law to international law.In 2016,SOEs were first separated from the competition rules in the TPP led by the Obama administration.In 2018,USMCA was successfully signed by the United States,Mexico and Canada,and SOEs were further developed and improved.As the pillar of China’s national economy,SOE are increasingly going abroad and active in the international market.As the latest development of International economic and trade rules,there is a possibility that USMCA ’s SOEs may evolve into the model of rules for SOE in other regional free trade agreements or domestic legislation in the future,which has a great impact.Therefore,although China is not a Contracting State of USMCA,it is very important for our country to understand and master the rules,because we can promote the reform of state-owned enterprises and improve the international operation of state-owned enterprises through this.This paper intends to discuss the development and basic connotation of USMCA’s SOEs,and the differences between it and relevant provisions in bilateral and multilateral trade agreements.On this basis,we can reveal its development trend.This paper also intends to provide feasible countermeasures from the standpoint of our country.Therefore,from the perspective of China’s response,this paper studies the USMCA’s SOEs,which is divided into the fourth chapter.The first chapter introduces the origin of USMCA ’s SOEs,including its theoretical origin,practical origin and background.The second chapter is the evaluation and analysis of the main content of it,and summarizes its latest development trend.The third chapter analyses China’s position on SOEs in the covered entity chapter of CAI.The last chapter puts forward the countermeasures that China can take for the USMCA rules of state-owned enterprises.