The Game Between The United States And Europe And The Countermeasures Of China In The Formulation Of International Digital Trade Rules

China’s digital trade practice has developed rapidly and has continuously been in the forefront of the world,but in the formulation of international digital trade rules,China is often in a passive position,which is obviously inconsistent with practice,and will inevitably not meet the interests of China’s digital trade.Most of the existing digital trade rules are led by individual countries to negotiate,especially the United States and Europe guide the formulation of international digital trade rules according to their own characteristics,thus promoting the "American" and "European" template international digital trade rules.This kind of rules,which are in line with the advantages and interests of other countries and are led by developed countries,will undoubtedly fail to meet the interests and needs of China and other developing countries to a certain extent,and even assume more obligations and responsibilities in international trade exchanges.Therefore,as a major digital trade country and the largest developing country,it is necessary for China to promote the construction of international digital trade rules that meet the needs of the digital trade interests of China and more developing countries under the current situation,and compete for the right to formulate international digital trade rules that are suitable for the scale and status of China’s digital trade practice.In today’s negotiation of international digital trade rules,data localization,source code and digital tax are important concerns,and they are also the starting points that China can use to compete for the right to make rules.The existing rules on data localization,source code and digital tax issues are mainly divided into "American" and "EU-style",and the content of these two types of rules also has a profound impact on the international digital trade rules developed between other countries.Data localization is a major trade barrier of concern to the United States.The U.S.principle on data localization is to prohibit data localization.In order to compete for the right to formulate a voice on data localization issues,the EU has chosen to defuse the pressure brought by the export of American-style rules by concluding new regional digital trade rules(RTAs);In principle,both US and European RTAs prohibit Parties from requiring source code technology owners to transfer or allow access to their source code.Digital taxes include customs duties and domestic taxes.On the issue of tariffs,duty-free electronic transmission is advocated by the United States and Europe and has become a mainstream international trend.On the issue of domestic taxation,there is great controversy internationally,including the United States and Europe.In view of the international digital trade rules under the US-EU model,we should explore the internal driving force behind the respective propositions of the United States and Europe,that is,interests,which can be divided into economic interests and political interests.Compare the economic and political interests considered by the United States and Europe when participating in the formulation of international digital trade rules,consider the economic and political interests and needs of China’s digital trade,and propose solutions to problems.The overall strategy has three principles: first,China needs to actively participate in the formulation of digital trade rules,so as to compete for more rule-making power in negotiations;second,it needs to consider the balance between different values,such as openness and security,fairness and efficiency,etc.,and finally,the formulation of rules while allowing exceptions,comprehensive protection rules are more suitable for China’s interests and development.Specifically,in the rule-making of the three main topics,China should support the free flow of data across borders according to actual needs for data localization,but allow data localization on certain important and sensitive data issues to balance openness and security.On the issue of source code,it is also necessary to achieve both openness to promote the development of science and technology and economy,and balance national security to be effectively guaranteed.In terms of digital taxation,we should seize the opportunity of international debate,refer to the tax policies of other countries,innovate digital tax collection methods,guide the formulation of international digital trade rules,and compete for the right to speak in rule-making.