中国对WTO规则的遵守:一项综合评估

China's Compliance with WTO Rules:A Comprehensive Assessment

本文通过考察中国国内立法对WTO规则的转化实施和中国在争端解决机构中的被申诉情况,对中国的WTO规则遵守状况进行了综合评估。本文的评估发现,中国在对外贸易法律制度、外商投资法律制度、知识产权保护的法律制度等与WTO协议相关的主要法律领域实现了与WTO规则一致或基本一致。中国虽有未遵守WTO规则的表现,但并未表现出有意违反WTO规则的倾向,其未遵守WTO规则的行为,处在对同一WTO规则有不同理解所能解释的合理水平。

This paper presents a comprehensive assessment of China＇s compliance with WTO rules on the basis of examining China＇s implementation of WT（） rules in domestic laws and the cases in which China was complained in DSB. The author finds out that of the major WTO agreement-related legal regimes such as laws of foreign trade, foreign investment and intellectual prop- erty right protection, of China have been consistent or basically consistent with WTO rules. Although there were cases in which China failed to comply with WTO rules, it was within an understandable extent on the ground that China held different interpretation of the WTO rules. No evidence for China＇s intentional noncompliance was found.