自由贸易协定贸易救济法律制度评析——以对《区域全面经济合作伙伴关系》启示为视角

Research on Legal System of Trade Remedy of Free Trade Agreements in China:from the Perspective of Enlightenment to RCEP

我国FTA贸易救济制度部分总体以WTO"两反一保"(1)制度为蓝本,但将二者对比又呈现不同特点。实体规则方面,为减少对反倾销等贸易救济的依赖,我国FTA设计了更严格的启动程序;程序规则方面,较WTO规则更加强调贸易便利化与法规透明度,"软法性"条款居多。但"软法性"条款也导致我国区域贸易救济规则过于松散,使之与WTO体制下的多边贸易救济并无本质差异,缺乏双边性。因此,在《区域全面经济合作伙伴》谈判中,我国更应注意将贸易救济部分的松散规则进行整合,打造升级版FTA。并且,应利用此次《区域全面经济合作伙伴》的谈判,减少我国入世时所承诺的"非市场经济地位"等不利影响,制定对我国有利的贸易救济规则。

Generally, the trade remedy system of China＇s FTA partly based on the rules of WTO, although there are different characteristics. On one hand, China＇s FTA often design more strict set-up procedures in order to reduce dependence on anti-dumping and other trade relief in substantive rules; on the other hand, it emphasis on more trade facilitation and regulatory transparency than WTO rules, and there were more ＂soft law＂ clause in procedural rules. However, the rules of trade remedy of China＇s FTA are too loose, and there is no essential difference between multilateral trade remedy rules and the bilateral rules because of the flexible clauses. As well, we can learn from the existing FTA and have reflection on the negotiation of regional comprehensive economic cooperation, the part of trade relief measures should pay more attention to the loose rules and create an advanced FTA. WhatJs more, taking this chance we can reduce the adverse effects of ＂non-market economy status＂ when China entered into WTO and formulate trade remedy rules good for our country.