On The Substantive Elements Of The WTO Agreement On Safeguards’ Terms And The Influence Of China’s Relevant System

Safeguard measures, refers to the WTO members in normal trade conditions, for all importedproducts to implement restrictions, it with the anti-dumping, countervailing together constitute theWTO rules of the trade remedy measures. After China joined WTO, the domestic academicresearch on anti-dumping and countervailing field has achieved significant results, and Discussionon safeguard measures is slightly less than. Based on this, this paper based on the law of WTO"agreement on safeguards", combined with the provisions of WTO rules and WTO safeguardmeasure disputes verdict report, systematic substantive elements of the terms of the WTO"agreement on safeguards" in a comprehensive and in-depth analysis, offer corresponding proposaland improvement of China’s relevant system and its application. The paper is divided into foursubstantive elements of the terms of the WTO "agreement on safeguards" and the influence onChinese related system of legal studies.The first part of the article mainly expounds the substantive elements in terms of WTO"agreement on safeguards" of production in the process of the application focus problem. This partwill include WTO "agreement on safe guards" and GATT nineteenth ", the increase in the numberof arguments about the relationship between" decision ", the dispute of industry injurydetermination," disagreement "causal relationship" to determine the different point of view.The second part of the article is the substantive elements of the terms of the WTO "safe guardsagreement" applies. This section will describe the substantive elements of the terms of the WTO"safeguards agreement" and to interpret them, while references safeguards dispute case in DSBruling report elaborated the DSB panel and Appellate Body in relevant cases for "unforeseendevelopment, and the increase in the number of damage or threat of damage "of the domesticindustry, the four elements of the law of causality analysis.The third part of the article is divided into the substantive elements of the terms of the WTOAgreement on Safeguards "legal comment. In this section, I will be based on the second chapterDSB ruling four substantive requirements analysis, the use of a thorough knowledge of law itself currently available for the four substantive requirements of comprehensive legal Analysis report.Adhering to this philosophy, I will grab four parts in the article on the substantive elements of theterms of the WTO "safeguards agreement" and the impact of China’s system of legal research.The fourth part of the article is the WTO "agreement on safeguards" impact on China’srelevant system and countermeasures. This part will proceed from China’s current domesticlegislation angle, analysis the existing defects relating to safeguard measures, and puts forwardsome suggestions to perfect the legal, and pointed out that China may adopt in dealing withdisputes over safeguard measures in case of strategy.