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Study Of China's Export Trade The Risk Of Certain Legal Issues

Posted on:2005-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:S F SuFull Text:PDF
GTID:2206360125461120Subject:International Law
Abstract/Summary:PDF Full Text Request
On the present study of the impacts of Chinese accession into WTO, a lot of attention is put on its strikes on Chinese industries. However, what actually deserves our focus should be on how Chinese enterprises are going to confront a new business environment. In recent years, with the deepening of Chinese reform and opening-up, the integrating of Chinese economy with the world, the intensifying of world market partition and economic correlations between different countries and the going on in depth of the concept that market economy is legal economy, more and more far-sighted people and enterprises will actively safeguard their benefits by taking up legal weapons. It is one of the principles of market economy system to create a circumstance of fair competition and establish corresponding system.The accession of China into WTO in no way means reduction of frictions of trade, in stead there will be a much more severe external environment. In terms of the present Chinese industrial structure and factors that China will be still treated as a non-market country 15 years after its accession into WTO and other safeguarding measures, foreign appeals against China on anti-dumping, safeguarding measures and technological trade barriers will be increasing other than decreasing. Along the opening up of Chinese shipping sector and strengthening of negotiation abilities of oversea buyers, more and more importers will be inclined to choose FOB and arrange shipment through foreign shipping service agency, and as a result, FOB contract now accounts for more than 80% of the total, which facilitates some paper companies in deliberately cheating. Among all the different kinds of international trade frauds, the worst and most concealed one is through "soft-clause" of L/C under FOB with appointed shipping service agency or by means of delivery of cargo withoutproduction of original bill of lading, which leads to complete loss of exporters. Hence, it is a pressing issue for Chinese outward-looking enterprises in their competition with foreign counterparts to learn how to safeguard the benefits of both their country and the concerned industries when confronting unfair trade measures within the structure of free trade and competition.This thesis is expecting to provide Chinese enterprises with effective ways of self-protection in order to avoid risks to its greatest extent and fully secure the benefits of enterprises. It consists of four parts:Part One: Introduction, which fully analyzes the present situation of international trade in terms of the reason for the existing of the risks that Chinese enterprises is facing and the current situation of frictions.Part Two: Risks that Chinese enterprises is facing, including anti-dumping, trade barrier of technology, Special Protection Clauses and business frauds etc; an analysis is made on their reasons, harms and trends.Part Three: Reasons why Chinese export enterprises is facing crisis, which talks about global trade frictions, discriminations and the lack of consciousness of self-protection.Part Four: Measures that Chinese enterprises should take, which mainly stresses on familiarity with customary trade barriers, improving products quality and diversification of export products in the list of early-warning system, giving play to Craft Guilds in actively answering appealing to anti-dumping, establishing credit management of export risks, exploring system of WTO on the settlement of disputes and training compound-type talents who are familiar with WTO and TBT in order to provide Chinese enterprises with effective approaches on self-protection.Su Shifen (International Law) Directed by professor Hou Jun...
Keywords/Search Tags:business risks, trade barriers, trade fraud, counter-measures
PDF Full Text Request
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