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Study On The Investigation Of Trade Barrier From Administrative Law

Posted on:2013-02-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:J H LiuFull Text:PDF
GTID:1116330371493348Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
There are not only defensive trade protection measures that include tarriff, importrestriction,anti-dumping,anti-subsidy, but also agrressive trade protection,of which TradeBarrier Investigation is the representative,in the international community nowadays.A fewcountries have taken Trade Barrier Investigation as a system with the exception of theUnited States,EU and China.The most typical cases are "Section301" of U.S. Trade Lawand EU TBR.China has established a syestem of Trade Barrier Investigation to overcomethe adverse effects of trade barriers on Chinese foreign trade,to maintain the normal orderof foreign trade, referred to the experience of America and EU.Since China is the firstlargest emport country, the more trade barriers are constantly increasing on China'sproducts,the social demand for Trade Barrier Investigation System is becoming moreurgent. It's practically important that theoretical analyses on legislation of Trade BarrierInvestigation System are conducted and suggestions on improvement of legislation inChina are put forward.On the perspective of administrative law,this paper adopts administrative processtheory as the basic analytical formula, classifies administrative action by administrativenature, and proclaims specified regualtions and rules of procedure in the process of TradeBarrier Investigation by the method of administration ruled by law. It dissects theinsufficiency in Trade Barrier Investigation of China,and attempts to bring forwardsuggesions on improvement,according to analytical norm of applying theory topractice.Taking China's law system as original version,linking basic theory of law toexperence of the United States and EU, the normal rule of Trade Barrier Investigation issummarized by means of historical,comparative,empirical research law,and the valuable system framework is provided.The logic of context is the following, theoreticalanalysis,system transformation,and social practice.This paper holds the view that Trade Barrier Investigation should be looked upon as aadministrative process in a dynamic way, instead of being taken as merely providinginformation. Trade Barrier Investigation is an administrative activity aiming at otherconutry's trade barriers,which is lauched,confirmed and taken some related measures byone country's adminstrative departments, which is comprised of administrativeinvestigation,confirmation and judgement according to the analysis of administrativeaction types. Administrative investigation ascertains the facts by abtaining information,collects evidence and raises investigation report, which on the basis of Foreign tradeadministrative departemnt makes the judgement and confirms whether the activities ormeasures of the charged government lead to trade barriers.The judgement of TradeAdministrative Departemnt is an evidence for the futher action or launching WTOmultilateral trade dispute settlement procedures.Trade Barrier Investigation, an order system as well as a process of administrativeactivities, was built up in the United States, EU and China, so was a law system there. Thispapar puts forward substantive and procedure rules of Foreign Trade BarrierInvestigation due to its nature and analysis.The substantive rules are the following:1Theapplication of the n Trade Barrier Investigation.2Evidence concerning affirmation of tradebarrier.3Injury requirement.Administrative departments in relation to the trade rules ofprocedure should follow the rules of procedure,which are requirements for method,steps,limited time and order in Trade Barrier Investigation. The regulation system of TradeBarrier Investigation is composed of substantive rules and rules of procedure.Since the administrative department of Trade Barrier Investigation has more powerfuladministrative discretion,it is possible to impact on Trade Barrier Investigationsignificantly. This paper takes restrictive function of administrative procedure system intoaccount,analyzes regulations of procedure at micro-level,and puts forward elements inproper procedure of Trade Barrier Investigation at macro-level. Trade Barrier Investigation system is introduced into the Trade Law of China as apositive aggressive measure to protect its foreign trade,while China is being integrated intothe multilateral trading system.The imperfect system is just one of reasons to lead theinsufficiency in practice of Trade Barrier Investigation system,which will be mature withimproved system.Thus, the analysis on legislation background,system framework,contentis conducted, and guideline to improve China's Foreign Trade Barrier Investigation systemand concrete suggestions are raised on grounds of Trade Barrier Investigation system inthe United States and EU.This paper attempts to analyze and elaborate rules of administrative activities in TradeBarrier Investigation, tries to build up the system framework, inspects problems,and putsforward a series of suggestions on China's Trade Barrier Investigation for its perfection.
Keywords/Search Tags:Trade Barrier Investigation, Administrative process, Substantive Rules, Rules of procedure, System construction
PDF Full Text Request
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