| China was accepted as a Member of the WTO on 11th Dec, 2001. In order to performing our international treaty obligations in good faith, we should lucubrate WTO rules.On accession of the WTO, Chinese government and WTO signed the REPORT OF THE WORKING PARTY ON THE ACCESSION OF CHINA and the PROTOCOL ON THE ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA . Take a panoramic view of the above legal documents, almost all of the contents are related to the restraint of trade. As we look into the principles of the WTO, we will find out that most of them are related to the restraint of trade too. Therefore, there is necessity to enhance the research of the WTO rules and renew the laws and policies of our country on the foreign trade issue on the basis of the WTO rules.This dissertation is consisted of 7 parts. Part one introduces the basic information of this dissertation, including the purpose, structure, and the main standpoint of it.Part two explores the basic theory of the management of international trade, and the practices of those theories. This part examines the various definitions and the main standpoint of mercantile system, free trade theory, protectionism, over-protectionism, and managed trade theory. The author concludes that up to now, the free trade theory is still a blueprint, various measures of protection are unavoidable.Part three explores the main means of restraint of trade. Traditional economic theories deemed tariff as the most important means to protect national economy. After World War II, along with rounds of negotiations, tariffs had been cut off among many countries, non-tarriff measures eventually became the most popular and most effective means of trade restraint.Part four explores the relationship between the WTO basic rules, the exception of the basic rules and the restraint of trade. The WTO's basic aim is to remove all the blocks in the way of world wide free trade. The fundamental principles of WTO has been concluded into four, namely non-discrimination, free trade rule, transparent and fair competition rule. Besides, there are some exceptions to each of those fundamental principles. In this part, also explored are the basic obligations of China as a member of the WTO.Part five explores current legal system of China on foreign trade, and the differences between Chinese laws and regulations and WTO rules. After the accession, China has amended lots of regulations related to foreign trade management, and is still trying to fulfill its commitments. In part six, the author gives some suggestions on the reform of our system of foreign trade management. The author suggests that first of all, we shouldmade it clear that we should properly protect national economy within the range of WTO rules, at the same time, we should apply the free trade policy as a general goal. Secondly, we should ensure that our national laws and regulations pertaining to or affecting trade were in conformity with the WTO Agreement and. For this purpose, we ought to systematically revise our relevant domestic laws and regulations. Our administrative regulations, departmental rules and other central government measures would be promulgated in a timely manner to increase transparency. The author also suggests that the unify electronic platform should be built to felicitate foreign traders, and enhance paperless management.Part seven concludes the dissertation that we should apply WTO rules in a positive way, and ensure the constantly growth of the foreign trade, so as to improve the living level of the nation... |
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