Analyses On Chinese Law On Trade Barrier Investigation

The system of trade barrier investigations has existed for a long time in the world, and plays a key role in the field of protecting the economy interest of a state.China also actively enacts rules of trade barrier investigation after entering WTO. However, because of many kinds of trade barriers, the system of trade barrier investigation of China has still need to improve to keep up with the modern world. Accordingly, it is the common problem worth well resolved for the learned men, the government and the enterprises that how to define the trade barrier accurately, and how to decide what kind of trade measures might be subjected to the investigation.This article attempts to analyze the system of trade barrier through the two levels: the substantive requirements and the procedure, and combines the practice of the first case of trade barrier investigation of China to explore the running of the system of trade barrier investigation of China. There are five chapters that include the preface, the text and the conclusion. Chapter one defines the trade barrier, analyzes its kinds, introduces the system of trade barrier investigation of China and other countries, and outlines the legitimate source and aim.Chapter two introduces the substantive rules of trade barrier investigation in China. First, explains the three substantive requirements of trade barrier investigation in China: measures or practices of the government, material injure or threat of injury, the reasonable relationship. Then, the author analyzes the power of investigation and explanation.Chapter three discusses procedures of the system of trade barrier investigation of China, and divides procedures into three steps: the application of investigation, the procedure of examination and decision, the procedure of investigation and conclusion. According to the process of procedures, analyzes and evaluates each step.Chapter four analyzes practices of trade barrier investigation. First, through studying the first case of trade barrier investigation of China, points out the disadvantages of the system of China. Secondly, introduces the system of trade barrier of U.S and EU, and learn the substantive and procedural requirements of these countries. Finally, introduces U.S 301 Section Case of WTO and learn lessons from this case for China.Chapter five compares the difference of the rules of U.S. and EU with those of China, and gives some advices.