Research On Legal Issues Of China's Non-market Economy Status

Since China’s accession to the World Trade Organization,foreign trade has become increasingly frequent,especially the rapid growth of Sino-US and Sino-EU trade relations.The United States and the European Union have become the most important trading partners of China.But with the increase of trade volume,the increasing number of trade frictions is among them,among which anti-dumping is the most acute problem.When dealing with anti-dumping investigations,the rules of nonmarket economy caused by China’s non-market economy status are the biggest legal obstacles faced by Chinese enterprises.Non-market economic rules are a complete set of institutional arrangements designed by developed countries for non-market economies,which have obvious discrimination and irrationality.In the field of anti-dumping,the investigating authorities of the importing countries can use surrogate approach and single duty rule to determine the existence and margin of dumping,which may cause the anti-dumping duty of Chinese enterprises to be abnormally high,and thus have a negative impact on the export of China.The non-market economy problems in China are lack of sufficient international legal basis from the origin of the law.However,the special commitments made by China in the Accession Protocol have opened the gap for the US and European countries to establish their own non-market economy rules.However,the time limit for the application of these special commitments has been extended to date.Any method of non-market economy for China should not continue to apply.Adequate and reasonable explanation of the article 15 of the Accession Protocol is the basis for solving the problem of non-market economy status of China.On this basis,it is necessary to make positive efforts at both the national level and the enterprise level,and make a comprehensive use of political and legal means to promote the solution of China’s non-market economy problems.