Research On The Non-market Economy Status Of China

The trade friction and disputes China with Europe and the United States and other Western powers was continual since China's accession to the WTO.One of the important reasons is that in 2001,in order to join the WTO,China promised to allow member countries in the anti-dumping investigation in the alternative Country price to confirm the normal value of China's export products in the "China's accession to the Protocol",when China made such a commitment is only a transitional period of last resort arrangements,and now China's socialist market economy has gone through more than 10 years of development,already has the market economy conditions,China's future foreign trade in the fight for more rights,better safeguard the legitimate rights and interests of China,to solve China's "non-market economy status"problem is imminent.In December 2016,"China's accession to the WTO Protocol" attracted everyone's attention once again as in 2001 China's accession to the WTO.As the 15th year stipulated in Article 15(d)of the China Accession Protocol,and December 11,2016,it is the date of the expiration of the fifteen years.It is well known that Article 15(a)(ii)allows importing member countries to take the price of alternative countries when they violate China's domestic cost price and exclude the application of domestic prices in China to determine the normal value of China's export products in the anti-dumping investigation.As of today,the terms are already expired,but the US and other Western countries,but also through various channels to promote the "China threat theory",advocated as long as the recognition of China's "market economy status" will bring a disaster to Western countries and so on.They refused to recognize China's "market economy status" and even attempted to continue to suppress China by modifying domestic law,so how to make a correct interpretation of Article 15 of the WTO accession agreement to safeguard China's legitimacy in foreign trade and trade disputes Rights and interests,has become the current imperative of China.In order to clearly understand the reason that China is called "non-market economy status" countries,it is necessary to know "non-market economy status" of the history and identification standards for interpretation.And clarify the reasons why China is regarded as a "non-market economy status" in a long foreign trade.And on December 11,2016,the special day,there are a lot of different sounds on China's"non-market economy status".By summarizing the views of different scholars in the academic circles,the author draws my view on the legal effect of Article 15(d)of the accession to the WTO,that is,China will not automatically obtain the "market economy status",but "Surrogate country approach" must be unconditionally terminated.Then,the author through a series of rigorous logical analysis to prove the point of my view.After that,the author conclude that China has been regarded as"non-market economy status" of the reasons,and China can not automatically obtain the "market economy status" conclusion through the WTO dispute settlement mechanism of the two typical cases.At the end of the article,the author puts forward the breakthrough path of China's "non-market economy status" from both international and domestic levels,hoping that China will strive for "market economy status" at an early date and take back its own legitimate interests.