China's Foreign Trade Legislation On Enterprise Adjustment Assistance

In the war of international trade, the level of international competitiveness of China's enterprises had been low. Facing the threat of imports, exports also face the impact of various trade remedy measures from foreign countries, so that many domestic enterprises were forced to cut or stop production and even bankrupt. To eliminate the negative impact on domestic enterprises form international trade competition and trade barriers China's foreign trade laws provide anti-dumping, countervailing and safeguard measures, which only defense against external damage to domestic enterprises and cannot provide direct trade protection for domestic enterprises. The U.S. foreign trade law has taken two paths. On the one hand, its trade remedy system is continuously improved, on the other hand it pay attention to the role of enterprise adjustment assistance system, which improve the international competitiveness of American enterprise constantly modified its law according to the facts of enterprise development. Learn from the U.S. experience in legislation, we should modify foreign trade law according to China's national conditions and build enterprise adjustment assistance system, which has important theoretical and practical significance.In this paper, based on the theoretical analysis, the foundation, path and the main content of China's foreign trade enterprises adjustment assistance system is built from two angles of foreign and domestic. On the one hand, the analysis in theory and practice of U.S. foreign trade law enterprises adjustment assistance system demonstrates the system's historical inevitability and value. On the other hand, after analyzing of status and problems of foreign trade economy, domestic enterprises and foreign trade laws, it studies the necessity and feasibility of building enterprises adjustment assistance system in China's foreign trade law. This paper seeks to dissolve the questions of "what", "why" and "how to" build China's enterprises adjustment assistance system.This article consists of four parts. The first and second part analyze of the legislation features and enlightenment of U.S. foreign trade law in the history and the main content of U.S. enterprises adjustment assistance system. The third part studies the necessity and feasibility of China's enterprises adjustment assistance system. The fourth part explores of the concept, the path and the main content of China's system from macro-micro angles.Different from previous studies, this paper selects enterprise adjustment assistance system, one of foreign trade law's trade adjustment assistance in order to attain viability of the system. Instead of simple transplanting the U.S. legislation, it studies the content of enterprise adjustment assistance system upholding the Marxist view of practice and historical materialism based on China's situation.In this paper, the views can be summarized as follows:(1) as one of trade adjustment assistance system enterprise adjustment assistance system has the same status of the trade remedies system in foreign trade law. (2) Enterprise adjustment assistance system is legal which meets the WTO law. (3) China's "from the bottom" model of promoting the market economy and the rule requirement of macro control decide the Government should intervene foreign trade economic by building enterprise adjustment assistance system and adhere to the principle of reasonable intervention, scientific intervention, and appropriate intervention. (4) Legal supervision philosophy should be included in the enterprise adjustment assistance system, which is the key to prevent government corruption. (5) "Trade Adjustment Assistance Regulations "should be set up to develop the enterprises adjustment assistance system. (6) The legislative purpose of "improving international competitiveness of enterprises" should be established in "Foreign Trade Law" and "Trade Adjustment Assistance Regulations".