Study On US "Section 301" And China's Countermeasures

The U.S."Section 301" is an important clause of U.S.trade law,which is broad and narrowly defined.Broad refers to a series of clauses that include "general 301 clauses","super 301 clauses","special 301 clauses" and supporting measures;narrow sense refers to article 301 of the "Trade Law of 1974" of the United States,which is generally summed up in U.S.Trade Law.Legislation authorization clauses concerning unilateral actions against foreign legislation or administrative violations of agreements and actions that harm US interests.The method used to study the "Section 301”in this paper is empirical analysis and comparative analysis.The first part elaborates the background development and content characteristics of "Section 301";the application of "Section 301" after the establishment of WTO is restricted by it,and China's countermeasures should also follow the WTO principles and use the WTO dispute settlement mechanism to deal with international disputes.Therefore,the second part compares the "Section 301" with the WTO dispute settlement mechanism,analyzes the backwardness of the two and how the "Section 301" operates under the WTO multilateral trading system;The third part first discusses the legitimacy of the "Section 301",and the "Section 301" is not in accordance with the rules of international law.Then,combining with the historical practice of the US"301 investigation" against China,the analysis of the survey of China in 2017 and the discussion of this The "301 investigation" has a negative impact on China and proposes countermeasures in the following paragraphs;in order to prevent a large-scale trade war between China and the United States,it will reduce the damage of US trade discrimination against China,and according to the previous article "Section 301" and the United States to China The discussion of the investigation;the fifth part combines the US calendar year to start the "Section 301" analysis of China's trade results and draws conclusions.There is no win-win result in the trade war between China and the United States.It is more likely that both sides will lose both sides.In order to prevent a large-scale trade war between China and the United States and reduce the damage caused by US discrimination against China ' s trade,Suggestions on how China should respond to it from both international and domestic perspectives.The international aspect is combined with the WTO dispute settlement mechanism.The domestic side has helped the country to deepen its research on the substantive and procedural "Section 301",improve trade and intellectual property legislation,establish technology transfer rules,and improve trade barriers.There are more powerful weapons in foreign economic trade,reducing unfair trade practices,seeking appropriate legal protection,and responding to international trade disputes at any time.