Research On Section 301 Of The US Trade Act And China's Countermeasures Under The Sino-US Trade Dispute

In August 2017,US President Trump authorized the USTR to launch a "301 investigation" against China in accordance with "Section 301" of the Trade Act of 1974.In March 2018,the investigation report was issued and then sanctions were imposed on China,which triggered Sino-US trade disputes.The two countries imposed sanctions and anti-sanctions on each other and sued to WTO,at the same time,launched as many as 12 rounds of consultations,but the trade disputes continued to escalate in a comprehensive outbreak.In this context,strengthen the study of the"Section 301" of the US Trade Law(hereinafter referred to as "Section 301"),understand the content and nature of the "Section 301" and its relationship with the WTO rules,and analyze the main conclusions of "301 investigation",then formulate a coping strategy in line with China's foreign trade environment,are conducive to avoiding trade barriers,resolving this trade dispute,safeguarding the country's political economy and diplomatic interests,and have a positive impact on China's economic development,the improvement of the legal system and the easing of international relations.Through the methods of literature research,empirical analysis and comparative research,this paper analyzes the "Section 301" from the perspective of theory and application.From a theoretical perspective,focus on the connotation and nature of the"Section 301".study its evolution process and basic content and compare it with WTO rules,and discuss the reasons and legal basis for the survival of "Section 301"along with the WTO rules;Fron an applied perspective,focus on the "301 investigation" of China,analyzing the reasons for "301 investigation" this time,and analyzing the legal issues in the allegations,on this basis,put forward a coping strategy to "301 investigation."This paper mainly includes four parts.The first part is the emergence and development of "Section 301".To sort out the history of the "Section 301",to clarify the source and connotation of "Section 301".Introduces the contents and procedures of the current "Section 301",focusing on the translation and summary of the latest revision of the "Super 301".To some extent it can improve the status quo of domestic research deficiency.The second part analyzes the basis of the application of "Section 301" along with the WTO rules and the restrictions of the WTO rules to "Section 301".The external cause why "Section 301" can be applied along with the WTO rules is that the WTO rules are closed and limited,and the WTO panel did not deny the legitimacy of "Section 301".The internal cause is that the "Section 301" has greater broadness and ambiguity,and "Section 301" doesn't obeys to WTO rules in US.However,the application of "Section 301" is still subject to WTO rules.The investigations and sanctions are subject to the DSB and must be comply with the DSU.The third part mainly analyzes the application of "Section 301 "to China in Sino-US trade dispute.Demonstrate the reasons for "301 investigation" and the focus of attention.In the context of the current lack of multilateral rules on international technology transfer,the accusations in "301 Report,of China's forced technology transfer requirements and discriminatory technology licensing restrictions has no objective basis.and China's technology transfer system does not violate the WTO special and differential treatment principles.The fourth part analyzes China's legal strategy for dealing with "Section 301".At the short-term level,China should promptly adopt measures such as anti-sanction,consultations,and submission to WTO rulings and seek legal basis.At the long-term level,China should focus on strengthening intellectual property legislation,promoting the establishment and improvement of relevant bilateral and multilateral rules.and exploring the establishment of a trade remedy legal system to further reduce and resolve international trade disputes.