“非市场经济”与“市场扭曲”:中美欧之间的制度之争

Non-Market Economy and Market Distortion: Rule Contestation among China, US and EU

近年来,美欧在非市场经济贸易救济条款之外,积极建构国企竞争中立、反技术当地化和禁止汇率操纵等市场扭曲条款,引发中国与美欧的制度之争.中国先后在WTO下就替代国比价方法、一国一税、双重救济、反补贴外部基准、公共机构认定等问题积极维权,并在区域协定下对不利于中国的贸易救济条款和国企条款进行保留.但中国与美欧的制度之争存在非体系性和被动性的缺陷,并受制于既往缔约的不精细,需在未来的缔约中改进.

In recent years,US and EU amended traditional non-market economy rules,including more comprehensive trade distortion rules such as state-owned enterprises disciplines, rules against technology transfer and manipulation of exchange rates,which attracted rule contestation from China.China gained remarkable success in contesting measures of surrogate country methodologies,country wide duty,double remedy,out-of-country benchmark and public body recognition in WTO disputes,and reserved unfavorable trade remedies and SOE disciplines in its regional trade and investment treaties.However,China’rule contestation with US and EU is piecemeal and passive,its imprecise treaty conclusion has constrained its ability of rule contestation, which should be improved in the future.