Legal Issues In International Trade Friction And Countermeasures

As shown in history that trade friction goes along with the world economic development, and it is frequently take place when the economy is in decline or the international marketing is in prosperity. Its frequency is becoming one of the most annoying problems in the world economic development, China is of no exception. After China successfully entry of WTO, with the transition period goes to its end and the import-export continuous increase, we can safely predict that China is going to undergo its trade friction crisis.As shown in facts that because of China's tendency of import-export fast increase, the cheap natural resource and the advantage of labor force, they will influence the nation's import. Every country in order to protect its business will make trade friction which justified by the legal trade remedy of WTO rules. What's worse, the western protectionism has turned its means form traditional customs barrier and non-tariff barriers into the comprehensively means, which is a combination of law and policy, such as trade policy, property policy and trade remedy. All the things working together make our exporting enterprises and its relevant trade and industry profit decline. Concerning this issue, the scholars both at home and abroad have supplied us reasonable ways to solve this issue by their research from political, economical and cultural aspects. However, it is a pity that the research in its law perspective and its ways of solving are much less than enough, which are the most important factors of this issue. As the law's advantage in it's legitimacy, continuity and durability, at the same time, the reasons of trade friction caused by politics, economy and culture will finally act with the help of law, so as to make the cordent trade policy ,the systemical and comprehensive research on the law which causes the trade friction is very necessary and worthwhile.As presented by the research, the problem existed in the law is embodied in property law of its marketing system, non-market economy system, regional preferential policy of free marketing system, the abuse of discretionary power in marketing remedy system, non objectivity and conflict of cognizance terms, international statistics caused by the place of origin, the differences between technology standard, social responsibity of developed countries and developing countries. It also lies in the conflicts between the differences between agricultural products, textiles, technology trade and service trade system, and the economical security of various countries. These factors spoil the justice and stability of the development of international trade international trade order. Confronting this issue, the government, industry association, the enterprises should take all means from all aspects. In this way, the lost in the trade could be less and the industry security will be enhanced. Meanwhile, all kinds of factors about the law which may cause the trade friction could be solved, so that a healthy international trade system that benefits international economy and order will be formed.