Safeguards The Legal System To Study

The world Trade Organization devotes itself to cut down the tariff and diminish the non-tariff barrier of each member by means of multilateral negotiation, which makes each nation failed to protect its domestic industry through various trading barrier. Replacing it are Counter-dump, Counter-subsidy and Safeguard measure, etc, which are in keeping with designated means. Among them, carrying out the cases of the safeguard measure comparatively fewer in quantities, whereas they possess their unique adjusting scale and are regarded the "Safety Valve" for protecting the domestic industry and safeguarding the economy of country. It is also an essential composing part of the world trading system.Safeguard measure means when a kind of export of product is sharply proliferated and causes severe damage and threat to the relating domestic industry of importing nation, importing-nation government could implement the limitation measurement to its importing products. This article holds that it is a sort of limitation measurement, however it is not contradictory with the aim of WTO to promote the free trade bringing the economic growth; it is a "Safety Valve" for the importing nations in economy, that is to say when promoting trade freedom meets unexpected occasion, the importing limitation measurement can be law fully adopted, which can create an international competitive opportunity to the domestic industry by means of industry adjustment, then reaching the goal of trading relief. Different from counter-dump, Counter-subsidy, Safeguard measure is directed against the normal trading behavior, while they are not the abnormal one, such as dump, Subsidy. The Ensuring Measurement protests the industry that is less competitive in the normal trading condition due to low technology, inefficient cost and imperfect management. Its purpose is to win the chance of adjustment.The current WTO Safeguard measure System mainly includes two parts,"GATT1994" which reached in agreement in Uruguay in 1994. The article analyses the contents of these two parts 'faults and states the mutual relationship, believing that they are constituted of WTO's law system, and formed the law basis of multilateral ensuring system. When the safeguard measure is put into effect, "Ensuring Measurement Accord" and regulation of "GATT1994" The Nineteenth Treaty must be met. Some nations stipulated its own domestic Ensuring Measurement Act Starting from their reality on the basis of abiding by the safeguard measure system. The article makes comparison in legislature between America, European,Union and Korea, analyses the similarities and each feature, and it refers that the constant safeguard measure investigation of America being closely attached to its safeguard measure act (commonly refers to the 201 treaty) which stipulated relatively lessened condition. "Safeguard measure Ordinances" in our country and its relative regulations heritage the main principle and system of "Safeguard measure Accord", it embodies our country's domestic law being linked to the regulation of the WTO. It plays extremely important role in protecting domestic industry, which is free from the severe loss and threat that is because of the increasing quantities the inferior problem of legislature and is inefficient in regulation.Our country has entered into WTO. On the one hand, with the increasing quantities of WTO members that are carrying out Safeguard measure, the oversea safeguard measure will more and more largely and passively affect our exporting trade in later coming years. Especially, according to the "China Entry into WTO Accord" the sixteenth regulation, the WTO membership may deviate from the WTO about non-optional choice regulation in safeguard measure and aim at the importing goods that come from China carrying out the Safeguard measure, which makes our country's exporting situation more and more rigorous. On the other hand, with the further opening of market and constant reducing of tariff, foreign products are going to flood into China, which is possible to t...