The Analysis On "301 Provision" Of U.S. Trade Law China Strategy To "301 Provision" Under WTO Mechanism

"301 provisions" are one part of American trade law, which promulgated in 1974. The treaty is mainly used into the field of service and cargo. When America thinks the goods or services exported to domestic country are "unreasonable" or "unfair", U.S. will be authorized the power to discipline trade countries according to the "301 system". "301" has authorized American president and the trade represents freely rights, including the negotiations, the investigation, the surveillance and the retaliation and so on. Through this treaty, America was encouraged to protect his property rights and struggles to get more investment benefits, forcing the trade countries open their market in more fields.To America,"301 provisions" are the powerful tool to obtain the oversea market, but simultaneously they are also the most controversial trade regulation. Although the World Trade Organization had already established effective international trade dispute settlement system DSB, the U.S. has not given up using "301 provisions" to carry on the trade deterrent outward. America uses the trade dispute settlement system to make "301 provisions" much "rationalization", "legalization" and "internationalization" in the international scope."301 provisions" are one of most controversial American laws, has encountered condemnation and the complaint from various countries.WTO technical panel from DSB passed a report on January 17th 2000, which indicated that "301 provisions" didn't violet the WTO regulation. This statement no suspicion acknowledge the legally of "301" temporarily. But the single America standard violated the multilateral trading system, so "301 provisions" would definitely damage the authority and stable of WTO. Under the economy crisis background, they will not favor break the economy crisis, instead it will bring new depress cycle.With the development of the trade, China economy has much deep connection with the world, so the cases about counter-dumping and counter-subsidy are increased. In order to avoid punish from the U.S. We need to correctly analyze the nature, status and function of "301 provisions", to utilize the international trade principle and rule. After that, we can enable our country participates in the global competition, cooperate under the international scope and get rid of unfair trade.