Research On The Application Of "Article 301" Of The US Trade Law To China

Section 301 of U.S.Trade Law is a sharp weapon of unilateral trade sanctions.Since the section was issued,the United States has often used it to protect its trade interests.Its scope of application is wide and it can be applied to both developed and developing countries.Moreover,the section is so powerful that many countries have to compromise.Since Trump became President of the United States,the U.S.has regained Section 301 as a tool of trade protection,and launched the 301 investigation on China for the sixth time.Under this background,this dissertation will study the application of Section 301 to China,including studying the development and characteristics of the section and analyzing how the United States applies the section to China.The introduction part mainly introduces the research background,research significance,research status and research methods.The second chapter introduces the evolution of Section 301.The second chapter introduces the legislative evolution of Section 301.By introducing the historical evolution of the section,the dissertation clarifies the content and procedure of " 301clause" after legislative developments,and summarizes several main characteristics of Section 301.The third chapter of this dissertation analyzes the relationship between Section 301 and WTO rules,and studies the relationship between Section 301 and DSU and TRIPs agreements,including how the section promote the emergence and development of DSU and TRIPs agreements,and the conflicts between the section and them.At the end of this chapter,the dissertation analyzes that Section 301 is actually at the edge of WTO rules.The application of Section 301 by the United States is easy to violate WTO rules.The fourth chapter of analyzes all previous 301 investigations by the United States to China.The fourth chapter introduces five 301 investigations to China before2017,and summarizes the characteristics of the past five investigations.After that,the fourth chapter focuses on the analysis of the 301 investigation report in 2017.The fourth chapter of the dissertation analyzes the accusation of China in the content of USTR's investigation report and makes an evaluation.In the fifth chapter,the article analyzes China's strategy to deal with the 301 investigation,including proving thelegality of China's countermeasures under the multilateral system and that the 301 investigation of violated the WTO rules,bringing lawsuits in the United States and improving China's relevant legal system.Through literature research,historical research and case study,the dissertation analyzes the application of the Section 301 to China,studies the development,content and procedures of the section and the application of the section to China,and analyzes the strategies to deal with the 301 investigation.