A Study On The Issues Of China's Market Economy Status Under WTO System

Since China joined the World Trade Organization,it has suffered the most anti-dumping investigation for many years.One important reason is that China has been recognized as a "non-market economy status" by many member states.Under the WTO system,dividing "market economy status country" and "non-market economy status country" is the precondition of applying the surrogate country system.However,the General Agreement on tariffs and Trade(GATT)initially did not specify the criteria for the determination of market economy status.With the development of international trade environment,in order to balance the trade disputes between countries with market economic status and non-market economic status,the supplementary provisions of GATT1994 Article 6 emerged as the times require,and become the basis of international conventions for the application of surrogate country system.The standard of market economy status is finally decided by the domestic law of importing country.This is undoubtedly a non-market economy status members at a disadvantage.In addition,Article 15(a)(ii)of the Protocol on China's accession to WTO provides that: "if the producer under investigation does not clearly demonstrate that the industry producing the same kind of product has market economy conditions for the manufacture,production and sale of the product,Then members of the WTO importing country may use methods that do not rely on strict comparisons with domestic prices or costs in China." In other words,whether the related industries have market economy conditions is the burden of proof for Chinese enterprises.If unproven,it can be identified as a "non-market economy" in disguise and directly applicable to the price of a substitute country.The provisions of the Protocol have significantly lowered the threshold for application of the alternative State system.At the time of China's accession to the WTO,the commitment in the Protocol on China's accession to the WTO was only a temporary measure during the transitional period.Now,after many years of high-speed development,China's market economy has reached the standard of determining the market economy status of each member country.However,since the expiration of Article 15(a)(ii)of the Protocol on December 11,2016,some capitalist countries in the West have still refused and try to continue tohinder the fair competition of Chinese enterprises in the international market.Some sinister countries try to crack down on the normal export trade activities of Chinese enterprises with the help of substitute country system.Therefore,in order to guide Chinese enterprises to strive for more advantages in foreign trade competition,to better safeguard the rights and interests of our country,and to solve the problem of market economy status in our country is very urgent.The content of this paper is divided into four parts.The first part mainly expounds the origin of the concept of market economy status under the World Trade Organization system,the legal significance and the relationship with the substitute country system,and emphasizes the importance of striving for the market economy status by analyzing the defects of the substitute country system.And the second part of why our country is called "non-market economy status" country to pave the way.The second part of this paper mainly expounds the criteria for the identification of market economy status in various countries,and through combing the views of various scholars on the relevant provisions of the Protocol on China's accession to the WTO,China has obtained the status of market economy on its own.To further analyze the current situation of our country and the deep-seated reasons for discrimination in foreign trade.In addition,the importance of China's market economy status is emphasized by analyzing the adverse effects of non-market economy status on China.The third part mainly analyzes the breakthrough strategies that China can adopt from the international and domestic levels.The fourth part mainly analyzes whether China can win the recognition of various countries in the future by summing up the contents of the first three parts.It is hoped that China will win the "market economy status" and succeed in "entering the market" at an early date.