Research On The Legal Issues Of China's "(non)market Economy Status" After 2016

The theory of "non-market economy status" has been widely used in the practice of international anti-dumping,and has changed from economic issues to international trade law issues.Since the WTO legal framework does not specify the issue explicitly,only the possible circumstances are stated in Note 2 of Article 6(1)of GATT 1994.It is this declaration that makes the WTO member states,represented by Europe and the United States,and has an authorized understanding of the specific content of the declaration,that is,the declaration gives countries the means to export in the anti-dumping field through domestic legislation.The products of countries with non-market economy status apply various discriminatory rules.Since China's accession to the World Trade Organization,China has been plagued by the issue of "non-market economy status" in the field of anti-dumping.This dilemma stems from the related commitments made in the 15th issue of the China Accession Protocol to the issue of "non-market economy status" and the ambiguity of the "non-market economy" issues arising from the domestic laws of WTO importing member countries.Sexuality and flexibility regulations have led countries to apply discriminatory rules in the process of anti-dumping investigations of Chinese companies' export products.According to Article 15 of the WTO Accession Protocol,WTO members can treat China as a "non-market economy" country if the Chinese government or Chinese export enterprises do not meet the requirements of their domestic laws,thus applying discriminatory alternatives.Method,but the application of the method specified in the clause provides for the expiration date.It is precisely because of the different understandings of Article 15 by domestic and foreign scholars that China can automatically obtain market economy status on the maturity date and whether the alternative method can continue to be applied in the anti-dumping field.The first part of this paper discusses the origin and development of the "non-market economy" issue in the international anti-dumping field,including the GATT period and the WTO"Anti-Dumping Agreement" period,and points out the irrationality of the regulation;The domestic-intra-regional approach further elaborates on the evolution of the "non-market economy"issue.The second part introduces and evaluates special rules such as the alternative countries(analog countries)and one country one tax applicable to the "non-market economy" problem in Europe and the United States,and analyzes and evaluates the non-dumping cases involving China.The special rules of the market economy are extremely unreasonable in the legal provisions and practice,full of ambiguity and discriminatory.The third part begins with Article 15 of the China Accession Protocol and analyzes the origin of China's "non-market economy status".Secondly,some scholars at home and abroad have sorted out and evaluated the 15 major disputes,and proposed the author's own Insights;Finally,by analyzing the current situation of China's "non-market economy status" in Europe and the United States,it provides countermeasures and suggestions.