The origin and response to the status of China's market economy

Tu Xinquan

(Source: People's Daily Theory Channel)

2016The year is China's joining the World Trade Organization (WTO）15Anniversary. In the past15Middle of the year, China's economic and trade development has achieved brilliant achievements. Although the current economic development faces some difficulties, joining the WTO is undoubtedly worth celebrating and commemorating.2005In 2018, the author once published an article calling the issue of market economy status a "magnified issue", and some criticized the excessive attention and investment of all sectors on this issue at that time. Who knows11After the year, this is still a problem, and it has become an unavoidable and difficult problem.

According to the WTO Protocol15Article Regulations, China joinsWTO后15In the year, otherWTOMembers can continue to adopt the "alternative country" approach when anti-dumping against China, that is, they do not use China's prices for comparison, but use the prices of third countries. The result is that Chinese companies are more likely to be considered dumping, and the dumping range can be set higher, thus applying higher anti-dumping duties.WTOMembers have great discretion to determine what kind of country can adopt alternative country practices, and the concept of "country of market economy status" has emerged in the domestic w88 online casino bettinganti-dumping legal practices of the United States and the European Union, including Canada, Australia, India, etc. Some countries followed suit.WTOPreviously, the United States and Europe have also adopted this method in anti-dumping against China. Therefore, the Protocol15is to terminate this discriminatory practice at the right time. After negotiations, my country reached a consensus with major negotiators such as the United States and Europe, that is, to join the WTO in my country15A substitute country practices should be abolished after the year, and our country and other countries should be treated equally in anti-dumping. Judging from the negotiation process and the intentions of both parties, the purpose of this clause is clear.

What needs to be explained here is the Protocol15Article does not require members to recognize China as a market economy country, but stipulates that no matter whether each member recognizes China as a market economy country in accordance with its domestic laws, the "alternative country" practice shall not be adopted for Chinese enterprises.15Article requires members to automatically recognize China's market economy status this year.

However, the market economy status issue is just a specific concept in anti-dumping laws in European and American countries, and it is closely related to the practice of "alternative countries". In other words, the status of a non-market economy is a prerequisite for implementing alternative country practices, because China is recognized as a non-market economy country, so it can implement alternative country practices.

So, for Europe and the United States, implement the second15Article There are two ways: one is to directly recognize China's market economy status, so the "alternative country" practice will lose its domestic w88 online casinolegal basis; the other is to not recognize China's market economy status, but cancel the "alternative country" practice .WTOObligation. But in2011Year, a trade lawyer in the EUBernard O’ConnorPublished a short article on a website, but it attracted widespread attention. The article points out that the15Article does not explicitly require members to automatically cancel the "replacement country" practice after expiration, but can still require Chinese companies to prove themselves in market economic conditions in accordance with the past methods.2016After the abolition of the "alternative country" practice in 2018, it will be more difficult to curb the strong competition of Chinese companies, thereby harming their industrial interests. And a broader context is that2008After the financial crisis of 2018, different voices appeared internationally on the direction of China's economic reform. One of the more popular views in Europe and the United States is that the Chinese government slowed down the pace of market economy reform, and China's economic model is increasingly reflected in the so-called Characteristics of "state capitalism".O＇ConnorI am just a practicing lawyer with little knowledge and no background in legal research. His views have been supported and cited by European and American governments and have gradually become his official views.

At present, Europe and the United States not only believe that China has not met the national standards for market economy, but will not recognize China's market economy status, but alsoO＇Connor's view is based on the argument, and the number is15Article does not require it to automatically give up the practice of "replacement country" and insist on its right to join the WTO in China15After the year, discriminatory "alternative country" approach can still w88 casinobe used to calculate the dumping range. The U.S. Department of Commerce has repeatedly stated that the United States has no intention of2016Change the current practices after the year, and the United States even warned the EU not to recognize China's market economy status. On the EU side, the EU Commission has a relatively positive attitude and expresses its willingness to abide by itWTORules, but do not explicitly raise how to deal with this issue. However, the European Parliament recently made a statement, opposing recognition of China's market economy, which made the controversy surrounding this issue even more intense.

In fact, both the EU and the United States know clearly that they are about the quota15is very far-fetched. Even though there are some unclear meanings in the clause itself, its original meaning is very clear. If Europe and the United States really support the spirit of free trade as they claim, they should also understand the clause in good faith and cancel discriminatory practices against China, rather than grasping a little loophole and making excuses.

This practice in Europe and the United States is undoubtedly short-sighted and destructive. Europe and the United States have always regarded themselves as defenders of international rules, but they openly declared that they did not comply with itWTORules. On the one hand, this will undermine the trust basis of China-EU and China-US relations, damage the overall situation of bilateral economic and trade relations, and on the other hand, it will also damage the international image of Europe and the United States and weaken its demonstration value.

In this regard, the position of our government is very clear, that is, our market economy construction does not require recognition from Europe and the United States, and the market economy construction with Chinese characteristics w88 mobileis a dynamic process that is constantly improved, and it is difficult to measure it with a standard. .WTORules, cancel the "alternative country" practices against Chinese companies on time and give fair treatment to Chinese companies. Undoubtedly, this position has a solid legal basis.WTOObligation. Among them, the EU has a relatively good attitude and has consistently stated its complianceWTOThe rules are just that there are still internal legal and political differences in how to fulfill this obligation. Therefore, our country should strengthen communication with the EU and jointly discuss reasonable ways to solve this problem.WTOPreparation of dispute settlement mechanisms, strengthen legal research and evidence collection, and ensure a successful litigation result. However, in terms of public opinion propaganda and internal response, in addition to showing a tough and legal response side, we must also more actively affirm China's firm confidence in continuing reform and opening up and accelerating the construction of the market economic system, and improve our market economy with continuous reform and opening up actions

Let our own path and let them say it; walk our own path and let them have nothing to say.

Attachment: Original link:http://theory.people.com.cn/n1/2016/0607/c83865-28417864.html