| On December 11, 2001, having gone through 15 year's negotiation, the dream of "entry to WTO" becomes true after all. While hailing and striding into WTO's gate, we feel that, "Things are selected by nature, and the fittest survive", this principle has been acted so incisively and vividly. The country's door has been opened. What should we do to protect domestic disadvantage industry? What should we do to face the impact brought by import products? All these questions need us to give answer, especially for China that just became a member of WTO. Anti-dumping, counter veiling measures and safeguard measures are all allowed by WTO to be taken to protect domestic industry. This text only studies the legislation of safeguard measures and its practices.Safeguard measures are known as the "security valve" of WTO, the multilateral trade system aiming at liberalization of trade around the world. As to member's domestic industry, if the quantity of some certain products are increasing so fast that the domestic industry has been serious damaged or serious damage threaten, the member could temporary departure from his commitment to WTO and increase tariff or take quantity restriction measures aiming at diminishing this damage. Our country must establish relevant domestic legislation, the Safeguard Measures Regulation, basing on the principles provided by WTO. This is necessary for China to meet the requirements of WTO and the commitment made by China itself. This determines that the frame structure of "regulation", the essential conditions which include serious damage and the exist of causality etc. Musted all be established in consistent with WTO rules. At the same time the related procedure requirements made by WTO in "Safeguard Measures Agreement", suchas the provision about investigating, consulting and noticing, must all be respected by the "Regulation". Our country's "regulations"were established at the historic moment on January 1, 2002, the full text of which amounts to 35 clauses, including 5 chapters, such as "general provisions", "investigation", "safeguard measure", "the time limit and revision of measure", "supplementary provisions", etc. The "Regulation", as a domestic legislation that established on the base of WTO rules, has some "international" characteristics. But we need not accept the rules of WTO as mere a copy, we should establish a legislation that can embody ourselves' need and accord it with the concrete reality of our country. At the same time, we must take sound consideration to the "Basic Law" in foreign trade, the Foreign Trade Law of PRC, which has provided the fundamental principle of safeguard measures. As a result the regulations must be characterized as not only the "international", but also the "Chinese". Such as on the issue of implementing safeguard measures in practice, our country must utilize the existing mechanism, including government structure and its operating mechanism. Considering such need, the article 6 of "Regulation" has provided that the "quantity investigation" is under the charge of Ministry's of Foreign Trade and Economic Cooperation, and the damage "investigation"is under the care of the State Economic and Trade Commission. According to China's own need in practice, the article 8 of the "Regulation" provided four "relevant factors" in causality examination. There are two Chapters wholly in the "Regulation" (including 14 clauses) to provide the "investigation" procedure in great details to emphasize the government's awareness of procedure. All such provisions in the "Regulation" have manifested the distinct "Chinese characteristics".So that, as the first separate legislation in safeguard measures in China, the "Regulation" is not very perfect,but it is of great significance. Because the "Regulation" shall observe WTO rules conscientiously, it reflects our country's resolution to incorporate international economic circulation. Because of its "distinct Chinese characteristics", it reflects the essential a...
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