A Study On The Illegality Of The U.S. Applied “Section 301” To China

As the global economic recovery has turned better and trade frictions between China and the United States have escalated,the US has repeatedly raised the “big stick” of trade relief measures against China,which has become the “main battleground” for US foreign trade sanctions.In 2017,the United States restarted the“Section 301” on China,targeting Chinese intellectual property rights,technological innovation,industrial policy,foreign investment and other issues,resulting in the peak of China-US Trade Friction.It also reflects that the surface of the investigation system in the United States is a game of sanctions and countermeasures between the two governments,which is a contest between legal legality and illegality.The battle between China and the United States “Section 301” is not only a trade war,but also a“War of international Law”,is a challenge to the WTO rules and the Basic principles of international law.The new round of “Section 301” of China has aroused the deep discussion and interpretation of many experts and scholars at home and abroad in the economic and legal circles,which not only tests the observance of the rules of international law by the two major countries of China and the United States,but also tests the institutional flexibility of the rules of international law itself.The focus of this paper is on the illegality of the use of the “Section 301” by the United States against China,not only as an economic issue,but also as a political issue,and a legal issue.First of all,thispaper uses the combination of law theory and case analysis,with the help of international legal knowledge,international relations,jurisprudence and other theoretical systems,from combing and reviewing the United States “Section 301”,systematically introduced the United States trade Law “Section 301”,and through a summary analysis of the United States implementation of the “Section 301” Historical case,Summed up the “Section 301” is not a conventional means,once the introduction of more for the purpose of trade protection,but also necessarily accompanied by the issue of international rules of illegality.Secondly,this paper explores the illegal issue of the “Section 301” of the United States to China,which is also the core contribution of this paper.This paper makes a research and analysis from two angles of the entity and procedural rules of the investigation mechanism,hoping to make up the breakthrough point and direction of this legal problem in the law circle.This paper attempts to define the illegality of the “Section 301” of the United States to China from the perspective of the theory and practice of international law,and finds in the further study that there are some legal defects in the operation procedure of the“Section 301” itself,and that the substantive provisions also break through the boundary of the WTO multilateral rules and the basic principles of international law.Finally,this paper puts forward how to seek legal relief from unfair treatment within the reasonable way of law when China encounters unfair treatment in the future.Based on the illegality of the aforementioned investigation mechanism,it is suggested that China should continue to carry out the “rational,favorable and joint” struggle with the United States,establish effective “self-defense legal relief”,and deepen the trade consultation negotiations to promote the completion of the new international economic order.