| Section 301 of the US Trade Law is the most effective tool that U.S.A. opens up the overseas market and protects its own economic benefits. It is also one of the most important domestic law bases of dealing with trade barriers of foreign countries, which is regarded by America as the most important "Stick" to effectively maintenance its interests. For China, there are only three records on pointed investigation on "Section 301", however, China is one of its victims. After entering WTO, in theory, there are situations and space for existence and use of "Section 301" and growing tendencies in function, especially the possibility to develop "China 301" with integrative functions. In practice, US still proposes and investigates issues on implementation of protection of intellectual property, rights of man, market admission, trade barrier, bilateral agreement ect of China, not excluding the possibility to crack down on or make retaliation on China according to "Section 301". However, the study of "Section 301"is still relatively incomplete in China, especially in study and model aspect. Therefore, to strengthen the research on "Section 301" of US Trade Law, WTO and its relevant rules to find practical solutions adapting to actual situations in China is of theoretic values and more realistic significances.This thesis adopts a combined approach of not only theory and actual cases, but also history and actuality, which leads to a panoramic view of the objective. The thesis makes a digestion of how it came up and resulted in the birth of the new WTO Dispute Settlement Mechanism principally. And it adapts to the environment and operates according to the mechanism. The thesis puts emphasis on the objective's real impact on China and also... |
