The Deficiency And Perfection Of The Retaliation Mechanism In The WTO Dispute Settlement System

The World Trade Organization (i.e. WTO) has the pivotal status and the function now in the international society, its operation situation direct or indirect relation international economy order and political order, relates the world lasting peace. Speaking of this kind of member over hundred, covering cargo trade, the trade in services and the intellectual property rights question's large-scale International organization, its conflict mechanism is essential, it is safeguards the WTO various agreements implementation the powerful method, is the WTO this multilateral trading system provides the security and the foresighted core essential factor.Achieves according to Uruguay round negotiations in "Solves Rule And Procedure Forgiveness about Conflict" (i.e. DSU), a complete conflict solves the procedure including the consultation procedure, the technical panel procedure, the appeal appraisal procedure and the executive routine and so on several stages. Because the legal execution rate inspects the law valid most important measurables, therefore carried out the mechanism to be possible saying that was in the dispute settlement mechanism central content. In order to guarantee policy mix (DSB) the suggestion and the ruling can carry out, DSU had stipulated three kinds carry out the method: To does not conform to the WTO agreement measure to withdraw, the compensation and the retaliation. The retaliation achievement carries out in the method final, the most powerful precautionary measure, is holding the very important status in the dispute settlement mechanism, it strengthened WTO to carry out the mechanism, could the enormous enhancement carry out the mechanism validity and the reliability, was urging the concerned member side prompt and the comprehensive place fulfillment ruling aspect is playing the vital role. But the retalitory measure has caused the widespread dispute from its date of birth, the scholars to its fairness, the rationality and the validity had different opinions. As a result of the retalitory measure status's particularity, the function importance as well as to its appraisal's multiplicity, performs the special study to have the important meaning.This article mainly divides into the fourth part:The first part introduces the WTO dispute settlement mechanism to the retalitory measure related stipulation. First obtains from retalitory measure's applicable scope, separately from the suitable nationality, the suitable agreement and the suitable conflict type three angles analyzes. Next, introduced retalitory measure's implementation condition, its measure's implementation must meet the substantive condition and the form condition. Also then, introduced retalitory measure's implementing procudure, is in turn the retalitory measure application, the retalitory measure implementation, the retalitory measure implementation surveillance, the retalitory measure termination.The second part pointed out that although the WTO retalitory measure's deterrent function promoted WTO agreement deference and carries out, became has maintained the WTO multilateral trading system's important safeguard, but it still has the flaw.This part has carried on the exhaustive analysis one by one to retalitory measure's flaw.The third part in view of the preamble pointed out that the retalitory measure existence the flaw, 11 put forward the perfect proposal.The fourth part has analyzed the WTO retalitory measure to our country's advantages influence, and proposed that the corresponding countermeasure, hoped can be helpful to our country displays own superiority as soon as possible, maintains world trade rights and interests which using DSU to retalitory measure's related stipulation we enjoy, promotes our country foreign trade enterprise's vigorous development finally.