Study Of Non-market Economy Status, Legal Issues

Contrary to our expectations, anti-dumping cases against China have been increasing sharply since China's entering WTO. Just in the past 2005 year, China was attacked by tides of anti-dumping sues. In defending the accusations, the non-market economy status has caused a real bottleneck to Chinese enterprises. Labeling China as a non-market economy country, western countries have long been applying surrogate country approach to determine the normal value of Chinese goods. The surrogate country approach violates the basic doctrines of justice and non-discrimination of international trade law, and the approach itself is unreasonable. Disregarding the great achievements of China's constructing modern socialist market economy, the surrogate country approach, which caused serious damages to Chinese enterprises and even China's international image, has greatly hindered the development of the international trade and peaceful ascendancy of China.Recently, some scholars argued that in contrast to the great trade volume of our country, the loss in our anti-dumping accusations is too minor to be mentioned, so there is no need surprising at it and it is also unnecessary to strive for market economy status. They also believe that it is the non-market economy status that frees China from the threat of countervailing investigations. However, the author does not agree on it and feels it necessary to study this subject further.Adopting the synthetic method and the comparative analysis method and utilizing the latest research findings, the author expands on the cause and effect of the non-market economy problem and discusses this problem in anti-dumping and countervailing fields.The thesis consists of four chapters: the 1st chapter introduces the definition, origin, essence and effect of this problem; the 2nd chapter explores its influence in anti-dumping area with the help of theories and practice in anti-dumping area of U.S. A and E.U; considering the inadequate research of the non-market problem in countervailing area, the 3rd chapter explores the applicability of countervailing measures on non-market economy countries.; By commenting and analyzing the present situation and strategies in our striving for complete...