Research On The Principle Of National Treatment Under The WTO System

National treatment is a fundamental principle under the WTO system, which ensures WTO member's products, service and service suppliers, the nationals the opportunity of equal competition on the market. This principle may also reduce the domestic political pressures of trade protectionism, makes government be more effective, accurate exercise the power of foreign trade, which ensures citizen enjoys sufficient personal trade freedom. As an important legal principle that joins international law and national law, the principle of national treatment has long-term theory and practice. After establishing the WTO, WTO unifies national treatment to goods trade, service trade and TRIPS fields. National treatment has not only enlarged the scopes, objects and rules of application, and has also strengthened power of implement. It makes national treatment become a really tool of eliminating trade protectionism of the domestic. Therefore, Analysised characteristics and conditions of national treatment, the principle of national treatment bound the public power of government tax revenue and management, take the equal competitive opportunity as goal. This kind of limitation on government is mainly from WTO treaty practice. In short, there are like product(like service and service supplier) or DCS, no less favorable than, the exceptional rule etc. However, comparison of the WTO cases, we think that cases are not transparent ,and their results are not uniform, Importantly, DSB examines legislations and functions of government, which has restricted the ability that WTO members realize their specifies goals. Therefore, In the view of trade liberalization and domestic autonomy ,DSB uses the tool of market analysis with deficiency. Firstly, DSB neglects the economic model of member's market. Secondly, DSB is lack to understand the true motivation and goal of measures. In order to reform the principle of national treatment, we need further strengthen analysis of market competitiveness. At the same time, we also need consider the policy of government, Then WTO regard dometic autonomy as foundation and carry trade liberalization forward. On the other hand, the improvement of national treatment can also...