On The Deficiency And Perfection Of China's Trade Remedy Law

In the international background of the peace and development, the economic globalization increased the economic exchanges among countries and improved the economic dependence and the level of development, after that the sharpening of the international competition made the trade frictions increased. But the sharpening of the attendant international competition makes the trade frictions increased day by day. Now many countries use trade remedy measures which are lawful in WTO to deal with the trade frictions, which can safeguard the security of our country's industries and economy. China became the disaster area in the field of global trade remedies for its rich resources, moderately-priced labor, the system defects and the effect of the trade protectionism, which made a heavy loss on our foreign trade and hindered the sustainable and stable development of the relevant industries seriously.After the reform and opening up, China's legal system in economic and trade areas were geared to international standards basically. But it is worth noticeable that the convergence of system is different from the convergence of theory even beliefs. In order to draw lessons from other countries and improve the trade remedy system, it is very necessary to rethink our Trade Remedy Act all-round and systematically. From the comparative perspective, we can comprehensively understand the segment of the trade remedy litigation, explicate the rights and obligations of the litigation, and train the talents of the trade remedy litigation, to solve the insufficiency-respondent and prosecution of the practice of our trade remedy litigation. Starting form the history of the trade remedy, we should in-depth investigate its concept, quality, system to resolve some theory problems, such as the weak binding force of international trade remedy on domestic one; the not objective of the important document of system; the uncertainty of systems. On this basis, we can further explore the internal relations between the essential characteristics of trade remedy and the socialist market economic theory. In this way, China's Trade Remedy Act will build from theory to practice on the existing foundation to "a higher level", and truly become the "safety valve" of China's foreign trade.