Research On CPTPP Non-Commercial Assistance Rules

The non-commercial assistance rules directly stipulate the main status of the government and state-owned enterprises as non-commercial assistance and specify the definition of state-owned enterprises.In this sense,the rule is innovative in the sense that it directly brings state-owned enterprises into the scope of regulation.However,this rule does not include state enterprises or the situation that state-owned enterprises provide non-commercial assistance to state-owned enterprises by entrusting non-state-owned enterprises into the scope of regulation.The concept of "assistance" covers a very wide range,focusing on the attribute of economic benefits of "assistance" as the standard for identifying "assistance",resulting in the flow of economic interests being more fully covered by the concept of "assistance",but It is questionable whether situations involving the abandonment or non-collection of government revenue that would otherwise be collected can be covered when the government is the subject of "assistance"."Based on state ownership or control" stipulates the precondition that the provision of "assistance" to state-owned enterprises can be regarded as "non-commercial assistance ".Provided "assistance",this provision limits the scope of the "specificity" identification object to state-owned enterprises,which is the "specificity" standard of the state-owned enterprise version.The non-commercial assistance rule also requires that the recipient of the "assistance" be determined to be awarded a benefit,but the non-commercial assistance rule mixes the requirement that the recipient is granted a benefit into the definition of "assistance",so it is determined that the recipient is awarded but there is no logical difference between the process of benefit and the identification of "assistance",and it may be difficult to exclude "assistance" that does not grant benefits in the actual operation process.In addition,the process of judging recipients who have been granted benefits cannot cover all categories.The "assistance" of the lack of specific provisions and procedural provisions.The "adverse effects" and "damages" in the non-commercial assistance rules are essentially equivalent to the "adverse effects" in the SCM agreement,but the non-commercial assistance rules are simpler and may be difficult to operate in practice.China has officially started the process of applying to join the CPTPP.If China becomes a party to the CPTPP in the future,the non-commercial assistance rules will restrict the activities between the government and state-owned enterprises,and between state-owned enterprises and state-owned enterprises.Based on the role of state-owned enterprises in China’s economy,it is necessary for China to correctly understand and deal with the impact of non-commercial assistance rules.