美国和欧盟对待中国市场经济地位问题要遵守国际法

EU and US Should Observe International Law on China's Market Economy Status

在中国"入世"过渡期即将届满之际,欧盟、美国政治外交领域不断地挑战中国的市场经济地位。外国理论界提出"继续有效论"、"举证责任倒置论"和"客观事实不符论",国内也有学者或多或少赞同以上观点。本文试图针锋相对提出这样的观点:确认WTO早有非市场经济标准,美欧市场经济标准未经WTO的一般授权,不是国际法规则,中国加入WTO议定书从未确认中国非市场经济地位,2016年以后中国的市场经济地位毋须任何缔约国承认。

Economic market status of China has been challenged by European Union and United States continuously when the deadline of 15 years after China＇s accession of WTO will expire. The theories such as ＂Continuous Effectiveness＂ , ＂Inversion of Burden of Proof＂ and ＂Discrepancy of Facts＂ were proposed by scholars abroad, and are accepted by some domestic scholars. This article tries to defeat these theories, and try to confirm following points of view： There have been non-market economy standards in WTO framework; Market economy status standards raised by EU and US, which are not authorized by WTO, are not the rules of international law; Non-market economy status of China never has been confirmed by the Protocol on the Accession of the People＇s Republic of China to the WTO; China＇s market economy status, generally shared by every WTO member, need not be recognized by any WTO member after 2016.