A Legal Study On The China's Market Economy Status Under WTO System

2016 is the 15 th year of China entering the World Trade Organization.According to the Article 15 of the Protocol on China's Accession to WTO,China should be granted Market Economy Status automatically after its accession to WTO.However,after the expiration of the transition period,the US and the EU reject granting China Market Economy Status.Therefore,this thesis attempts to explore the reasons why the United States and the European Union do not recognize China's Market Economy Status.The thesis analyses these reasons by studying Article 15 of the Protocol on China's Accession to WTO and the Market Economy Status in the domestic laws of the United States and the European Union and combining with the situation of China's market reform.On the legal level,the Article 15 of the Protocol on China's Accession to WTO is interpreted in a literary and historical manner,and the principles of effective interpretation of the treaty and good-faith interpretation of the treaty are followed,which shows that the US and the EU have the legal basis to recognize China's Market Economy Status after the transition period.Based on the analysis of the domestic laws of the United States and the European Union on the status of Market Economy Status,it is concluded that the standard of the Market Economy Status is very harsh,which is far beyond the definition of the Market Economy Status under the framework of WTO.From the realistic level of China's market reform,the objective analysis of China's market reform results can refute the distortion of the United States and the European Union to China's reality.Through the analysis of law and reality,we can get the system path of how to gain the Market Economy Status.