Wto And China's Foreign Trade Barriers Investigation System

The legal system of foreign trade barrier investigation (LSFTBI) is a defensive and positive trade remedy measure, which is important to the protection of one country's international trade rights and interests. This dissertation aims at finding the basis for LSFTBI and characteristics thereof under WTO system, analyzing the LSFTBI in our country on the above finding comparing with that of America and European Union, and figuring out some constructive opinions on the improvement of our legal system.This dissertation is divided into four parts besides foreword and conclusion. The first part is a general introduction of LSFTBI. It introduces the conception, characteristics, function and the development of LSFTBI. The second part aims to analyze the basis for LSFTBI as well as its new characteristics under WTO system. Though under WTO rules every state member has to obey the WTO rules and bring their disputes relating to its rights under WTO rules to Dispute Settlement Body (DSB), there are practical and legal basis for establishment of LSFTBI. However, LSTBI under WTO system should have certain new characteristics as to be in conformity with WTO. The third part focuses on the analysis of our country's LSTBI. Firstly, the development of the legal system is displayed. Secondly, in the light of new characteristics, LSTBI of our country is divided into five parts as the core issue and four steps of investigation and analyzed in details comparing with the related experiences of America and European Union, in order to find the strength and weakness. Following the above is analysis of the first case, "Laver Case", and it is served as evidence to the aforesaid analysis. In the fourth part, the author has intensified her efforts to figure out constructive opinions on the improvement of our legal system. Firstly, the author puts the principle for reform of our LSTBI. Secondly, the specific suggestions for revision of LSTBI are put forward. Thirdly, the author also gives out the suggestions on the improvement of related measures.