A Study On Whether China Can Obtain WTO Market Economy Status In

Pursuant to Accession of the People’s Republic of China, many scholars take it for granted that the Complete Market-Economy Status of China should be acknowledged by the all members of WTO automatically in 2016. When the stipulated date is coming,the above-mentioned statement is being challenged, leaving a suspense on the issue of Chinese’s Non-market Economy Status after 2016. As we know, there was not any pure legal issue in the WTO platform, none of legal issues can get free from economy and polity. While among the there element: legal, economy and polity, legal is the most objective and predictable. Therefore this essay seeks to clarify the NME identity of China with the legal method.Nowadays when asked whether China could get Market Economy Status, all the discussion is about the Art.15 of Accession of the People’s Republic of China, which provides about the Price Comparability in Determining Subsidies and Dumping, in reality it determines the analogue country methodology could be applied to China or not. While the article dose not mention about the terminus of Chinese Non-market Economy Status. Dose the terminus of the Art.15(d) represent that China could attain the acknowledge of its Market Economy Status? There is no common view about this question. Thus, in order to support the viewpoint that Chinese Market Economy Status should be acknowledged after 2016, the relationship between the expire of the analogue country methodology and the acknowledgment of Market Economy Status should be clarified first.Therefore, the logical basis of this essay is that the Non-market Economy Status is not a legal object. When talking about the Non-market Economy Status in the WTO field,we mostly are talking about the analogue country methodology. According to the Art.15(d), the Act.(a)(ⅱ)should expire after 15 years since China access to WTO, which means the legal basis of applying the analogue country methodology to China is gone, as a result Chinese Market Economy Status should be acknowledged up to Dec.11 of 2016. Though the Non-Market Economy Status is not a legal object, the acknowledgment of Chinese Market Economy Status is definitely a legal question, specifically a legal interpretation topic.