The Research Of The Article 15 Of The Protocol On China's Accession To The WTO

After China's reform and opening up,especially after entering the WTO that the world's largest trading organization,China has always been a great country with due diligence.It has been adhering to the principle of adherence to the agreement during the last 18 years from its enter the WTO.And China also adherence to fulfill legal obligations and assume international responsibility in accordance with the provisions of the Protocol.It has been 15 years since China joined the WTO on December 11,2016.However,according to the requirements of Article 15 of China's accession to the WTO Protocol,in any case,after China's enter the WTO for 15 years,when other countries launch anti-dumping investigations again on exported commodities for Chinese enterprises.We can no longer use the method of "the surrogate country approach" commodity value to determine whether there is dumping by Chinese enterprises.Instead,we should regard China as a market economy country.Whether there is dumping or not in terms of the technical conditions for the domestic production of the export product in China,etc.Whether the law concerning this clause can bind other WTO countries,especially whether the methods of obtaining "market economy status"can continue to be used in China,are discussed.It has gone from academic discussion to the official stance of the relevant WTO member states.Based on the importance and concern of this issue,the author takes the Article 15 of the Protocol on China's Accession to the WTO as the research object,probes into the impact of the Article 15 of the Protocol on China's Accession to the WTO,including the origin and causes of China's non-market economy status in the WTO system,the special provisions on this status of China and the analysis of China's anti-dumping cases.An introduction to China's Non-market economy status and the corresponding Anti-dumping problems of Western countries against Chinese Export Enterprises;then it analyzes the problems after the expiration of the term of the Article 15 of the Protocol on China's Accession to the WTO,including the special context and the scope of its effectiveness,and discusses the dispute on the legal effect after the expiration of the Article 15 of the Protocol on China's Accession to the WTO.Finally,after analyzing and discussing the above parts,because EU try to use the "serious distortion" rule and the United States' formal refusal to recognize China's market economy status,the paper points out that China should take the solutions,including legal remedies,the countermeasures of the Western countries abuse other provisions and resorting to the WTO dispute settlement system.