| Networks are comprehensively reshaping the global economy,and the world’s major economies are more competitive than ever in setting global principles and standards for digital governance.The traditional commodity trade rules have been quite perfect,but the establishment of the World Trade Organization(WTO)digital trade rules is lagging behind the rapid development of the real digital economy.The United States and the European Union took the lead in negotiating digital trade rules by means of regional agreements,and formed the“American template” and the“European template” for digital trade rules,followed by the signing of the RCEP in Asia,a key step towards creating an East Asian template for digital trade.Among them,“n-style template” high standards,strict requirements on our digital trade rules is the biggest impact,especially in our active application to join DEPA,CPTPP background.For a big digital trading country like our country,it is necessary to set up digital trade rules that accord with its own development interests to deal with the impact of n-style template,it is also to meet the need of regional agreement integration development trend evolution,but also to meet the need of digital economy development.Therefore,this paper analyzes the differences and similarities between the“American-style template” of digital trade rules,represented by CPTPP and USMCA,and the RCEP digital trade rules that our country currently participates in in the key fields,and the differences of interests and positions between China and the United States,to explore the construction of digital trade“Chinese template” is essential.At present,the rule conflicts between China and the United States in the field of digital trade are mainly manifested in three aspects: one is the cross-border flow of data,which is mainly manifested in the conflict between american-style openness and China’s openness and security-oriented doctrine;The second is the protection of intellectual property rights in the field of digital trade,which is mainly manifested in the source code,digital non-discriminatory treatment and other emerging areas of intellectual property rights,the United States ahead of the protection and our provisions between the lack of conflict;The third one is the conflict in the field of digital tax,which is mainly embodied in the cognitive difference and conflict of interest between whether digital tariff should be imposed and how to determine the tax base. |
