Accession To The Wto, U.s. Trade With The Transition Period "non-market Economy Rules" Study

As more important China became in international trading system,more trade frictions we had suffered.The "Non market Economy Rule"(NER) is the one that we can't overstep in most of trading friction cases.Because China's "Market Economy Status" has not been fully accepted by our main trade partner U.S.and British,unfair treatments have been putting on us according to "Nonmarket Economy Rule" in investigations initiated by them.Since international trade export is and will be the main drive of our economy in a comparative long period,a proper understanding of the root of trade discrimination-Nonmarket Economy Rule is essential and critical for us.In this paper,the bilateral trade between U.S.and china was taken as a breakthrough to get a full picture of Nonmarket Economy Rule,which includes the background,origin,current situation and developing trends among the bilateral and multilateral trading system.Multiple research methodologies as theoretical research,historical research,comparative research,case study and quantitative research are used to analyze the NMR from different perspectives such as legal, economic and political in macro level,meso level and micro level.Conclusions are made from the reality understanding and coping strategies.This thesis is divided into six chapters;the first chapter is the introduction of this research, including background,research goal,research methodology and creativities.The second chapter focuses on the economic theoretical foundation and legal evolution of NER.An analysis of NER's developing and status in bilateral and multiple trade system is made from international law and domestic law system;The third chapter mainly discusses about the determination of the "Nonmarket Economy Status" and the discriminatory bounds related to "NER",the reasonableness of China's NER is discussed from both theoretical and practical aspects.ChapterⅣand ChapterⅤfocus on the practical operation of NER in Sino-US trade.Based on those practical researches,a specific case study is made for the enterprise's countermeasures in responding to the international trade dispute and investigations under NER's discrimination.ChapterⅥis the summary.Based on the researches from macro level to micro level in previous chapters,research results are given from both the understandings about the causes,features and developing trends of NER and specific policy and strategy recommendations in political direction (macro level),industry development(meso level) and enterprise practice(micro level).The United States trade with China "Non-market Economy Rules" is not complicated but a very broad impact on international trade issues.It rides across legal and economic areas,and its practicing involves both continued-evolution American domestic law system and legal constraints from WTO.This thesis would like to form a more systematical method about this NER by a relatively comprehensive research and argues,help our nation to handle the international trade disputes with a clear understanding and achieve a better choice of policy.