Research On The Legal Issues Of Sino-U.S. Trade Disputes

China is the world's largest developing country and the U.S. is the world's largest developed country. These two countries signed《Sino-US Trade Relations Agreement》in July 1,1979. their trading have become increasingly frequent, increasingly close relations. Into the 90s, the Sino-US trading reached a new height point.1990 Sino-US trade volume was 11.77 billion U.S. dollars, up to 14.2 billion in 1991 dollars, in 1992 rose to 17.49 billion U.S. dollars,in 1993 was 27.65 billion, in 1994 was 35.4 billion,and in 1995 as high as 40.83 billion U.S. dollars, nearly tripled the 1990. In the rapid development, there have been many problems. With the continuous expansion of the U.S. trade deficit, trade disputes between the two countries also continue to occur. With the financial crisis has led to rampant protectionism again, Sino-US trade disputes, is to happen more often. From the individual products trading disputes, gradually into the system and the legal aspects conflict, the disputes'forms increasingly diversified.After China's accession to the WTO, Sino-US trade disputes have a new change, in addition to the consultations mode, the WTO dispute settlement body would come to process, but China signed the《Sino-US Bilateral Trade Agreement》with the U.S., and submitted《China's WTO Protocol》in which had have made many compromises. It makes China in a relatively unfavorable position in trade disputes, whether through negotiations or through the dispute settlement body. DSB has its ground-breaking compared to other resolution mechanisms, but it has many imperfections, resulting in this imperfect not only the《Dispute Settlement Understanding on Rules and Procedures》, but also because WTO has not yet fully meet the "rule-oriented". There are still the rights of "powers'words". By reason of Sino-US trade disputes cases analysis, we can learn that China-US trade disputes are suffering more and more from the impact of U.S. domestic legislation. So to analyze the domestic legislation of the United States can help trade disputes between China and the U.S., and it also can improve the WTO's deficiencies in further.This article is divided into four chapters, the first chapter is an overview of Sino-US trade disputes; the second chapter cited the Sino-US trade disputes which was impacted by the U.S. legislation; the third chapter is assessment on the U.S. bill and terms; the fourth chapter is Based on the above analysis, described China's current strategies.In the first chapter, first discussed the meaning of trade dispute, it would be easily confused with other concepts, so we should make them clear first. Then briefly discusses the US trade disputes arising from the general reasons discussed. The focuses in this chapter is the U.S. domestic trade legislation and the important reasons of the dispute.The second chapter lists the U.S. legislations which have impacts on Sino-US trade disputes, starting with an overview of Sino-US trade dispute cases and statistics, then makes specific analysis on U.S. domestic law provisions and discusses the recent U.S. some domestic energy legislation.The third chapter is assessment on the U.S. bill and terms, first and foremost, through the analysis of the United States energy legislation, described its negative impact on Sino-US trade, and to prove that the energy legislation may lead to disputes of agricultural subsidies. Then from the perspective of the Environmental Protection Act to describe the United States own unreasonable. And in accordance with a WTO dispute settlement cases---United States v. China, illustrate the contradiction of the U.S. energy bill itself. Finally analyze the three way U.S. Act and terms affect the Sino-US trade.The fourth chapter is China's coping strategies, in this chapter the author gives some advises on how to deal with the Sino-US trade disputes and how to deal with the measures and legislation of the United States. First, China should actively deal with the U.S. under the existing WTO rules, the first is to pay close attention to《China's WTO Accession Protocol》and the terms of the bilateral agreement on the abolition of time, and second, suggested China could emulate the United States legislation, cited the example of genetically modified foods. Described lack of WTO by followed; China should give some proposals of improvements to WTO. It is worth mentioning about the "Rules-Conform Committee." The author describes the reasons of establishing the "Rules-Conform Committee" and had some ideas how to set up, the most important idea is the functions of the Commission. And finally the author makes some suggestions on the own restructures of China.