A Study On The Disconnection Of Legal Technology In Sino-US Trade Disputes Under The WTO Framework

The disconnection of legal technology refers to,in the international system,the parties to the international conventions in a particular field are not consistent with the technology of law making under their framework.The disconnection of legal technology between these two systems does not exist independently but affects each other.The disconnection of international legal technology is the external manifestation of the disconnection of domestic legal technology.Disconnected technology research is based on law subject in specific legislation technology in the field of law and the legal application technology research,the research method is to adopt quantitative method and qualitative method with the combination of empirical research,It is concluded that there is a mismatch between the internal legislative technology and the applicable technology of the law,or there is an inconsistency between the legislative technology and the applicable technology of the law with other international legal subjects.The research results of disjointed legal technology in a specific field can be directly converted into the adjustment basis of legal technology in this field.As a common phenomenon in the field of law at home and abroad,the disconnection of legal technology has not been paid much attention by the academic and practical circles in China for a long time.Since August 2017,the United States has launched a section 301 investigation against China and threatened to impose tariffs based on the findings of the investigation.China and the United States have used domestic measures to impose trade sanctions on each other while appealing to each other in the WTO dispute settlement mechanism.As a result,Sino-US trade relations have taken a sharp turn for the worse,and trade dispute settlement has become the core issue of Sino-US relations.At present,the trade antagonism between China and the United States has taken shape.In the contest of power politics between major powers,legal technology is a powerful and legitimate weapon to handle the economic and trade relationsbetween China and the United States.China should make timely adjustment according to the development and evolution of Sino-US trade law and technology.In view of the need of practice and theory,this paper takes the disconnection of Sino-US trade legal technology as the research entry point,takes the 39 cases of Sino-US dispute settlement in the WTO as the observation sample,finds the phenomenon and causes of the disconnection of Sino-US legal technology under the WTO framework,and then proposes the adjustment plan of China's trade legal technology.The paper is divided into seven parts.The first part is an introduction,which mainly summarizes the research background,research ideas,innovation points and existing research reviews of the disconnection of legal technology in Sino-US trade disputes under the WTO framework.The second chapter mainly explains the connotation and extension of the disconnection of legal technology.In this paper,the concept of traditional legal technology is extended,and it is considered that legal technology includes legislative technology and applicable technology.On this basis,this paper holds that the disconnection of legal technology exists both within and between countries,and the two influence each other.This part focuses on the theoretical concept analysis of the paper.The third chapter is the background of the disconnection of legal technology between China and the United States in the trade disputes under the WTO framework,including the overview of the WTO,the disconnection of China's trade legal technology with the United States and the disconnection of the United States' trade legal technology with China.This part is the background condition of the following research.The fourth chapter is the statistical analysis of Sino-US WTO dispute cases under the background of disconnection of legal technology.This part of the paper makes a statistical analysis of the 16 WTO dispute cases filed by China against the United States and the 23 WTO dispute cases filed by the United States against China.And according to the case statistical information analysis of the basic characteristics of cases.The fifth chapter is the disconnection of legal technology in the field of legal rules between Chinese and American entities under the framework of WTO.This chapter analyzes the WTOsubstantive law involved in the 39 WTO cases brought by China and the United States,as well as the disconnection of the legal technology between China and the United States in the field of substantive law,that is,the inconsistency between the legislative technology and the applicable legal technology in the physical field.On this basis,it analyzes the reasons for the disconnection of legal technology between China and the United States under the WTO entity rule system.The sixth chapter is the disconnection of legal technology in the area of procedural law between China and the United States under the framework of WTO.This chapter focuses on the analysis of the procedural law involved in the case,focusing on the phenomenon and causes of the disconnection between China and America legal technology under the Anti-Dumping and Countervailing investigation procedure and DSU procedure.The last part of the thesis is the adjustment scheme of China's trade law technology.In view of the disconnection of legal technology between China and the United States in substantive law and procedural law and its causes as analyzed above,this paper proposes China's solution to the disconnection of legal technology between China and the United States under the framework of WTO,mainly including the legalization of trade legal value,legislative technology and the adjustment path of legal application technology.To sum up,this paper makes a statistical analysis of the 39 dispute cases brought by China and the United States in the WTO dispute settlement mechanism,and takes the disconnection of legal technology as the starting point to analyze the phenomenon and causes of the disconnection of specific legal technology between China and the United States in the substantive and procedural fields.Finally,the paper puts forward the adjustment plan for China to deal with the disconnection of trade law technology between China and the United States.The thesis emphasizes that the disconnection of international legal technology is inevitable.In the process of making specific adjustment to the disconnection of international legal technology,the disconnection of domestic legal technology must not be taken as the cost,so that a country's legal technology can play the greatest effect in the relevant legal field.