《中歐全面投資協定》國有企業規則述評

Commentaries on the Rules of State-owned Enterprises in EU-China Comprehensive Agreement on Investment

《中歐全面投資協定》（CAI）國有企業規則的達成既源於中歐雙方對國有企業規則的共同需求，也得益於雙方對競爭中立認知的相對一致。CAI國有企業規則採用寬泛的國有企業定義，從國有企業的商業行為及相關的政府行為兩方面提出規制要求，以回應歐盟對中國國有企業不公平競爭優勢之擔憂。就CAI國有企業規則的影響而言，其不僅為中國國有企業循序漸進改革提供了必要空間，而且對國有企業國際規則的重塑與發展作出重要貢獻。

The achievement of the rules of state-owned enterprises in the EU-China Comprehensive Agreement on Investment (CAI) is not only due to the common demand of China and the EU for international rules of state-owned enterprises, but also due to their relatively consistent recognition on competition neutrality. CAI rules for state-owned enterprises reflect the EU' s concern that Chinese state-owned enterprises enjoy unfair advantages in international investment activities through three dimensions: expanding the scope of regulatory bodies, regulating the business behavior of state-owned enterprises and regulating government behaviors related to state-owned enterprises. As far as the influence of CAI state-owned enterprise rules is concerned, it not only provides necessary space for the gradual reform of Chinese state-owned enterprises, but also makes important contributions to the remodeling and development of international rules of state-owned enterprises.