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中国加入WTO后贸易摩擦的形势日趋严峻。由于职能的划分,中央政府和地方政府在公平贸易和产业损害调查等国际贸易救济当中所发挥的作用不尽相同。中央政府更注重从立法层面以及政治和宏观经济贸易合作方面进行努力;地主政府要在职权范围内把握好角色定位,充分发挥力所能及的作用,为进一步规范外贸秩序、切实维护中国正当权益作出应有的贡献。国际贸易救济制度是WTO框架下有关货物贸易法律制度的重要组成部分。WTO协议主要是规制成员方政府行为的多边贸易体制。按照各成员方实施条约的理论与实践,WTO协议被视为非自执行条约,大多数国家都是通过转化或采用国内法来实施。国际法学旨在阐释WTO协议本身的原则、制度和规则,而在此基础上国内法的应改变及诸多相关问题就主要是行政法学的任务。本人认为,地方政府在国际贸易救济中应发挥的政策指引、公共信息服务和本地人才队伍培育等作用在行政法下的依据是公共利益本位论。
After China’s accession to the WTO, the situation of trade frictions is becoming more and more serious. Due to the division of functions, central and local governments play different roles in international trade remedies such as fair trade and industrial injury investigations. The central government pays more attention to legislative efforts and political and macroeconomic cooperation. Landowners should grasp their role within the scope of their powers and give full play to their power to do their utmost. It is necessary to make further efforts to standardize foreign trade and effectively safeguard China’s legitimate rights and interests. Contributions. The system of international trade remedy is an important part of the legal system concerning trade in goods under the framework of WTO. The WTO agreement is mainly a multilateral trading system that regulates the behavior of member governments. According to the theory and practice of treaty implementation by each member, the WTO agreement is regarded as a non-self-executing treaty, and most countries implement it through conversion or adoption of domestic laws. International jurisprudence aims to explain the principles, rules and systems of the WTO agreement itself. On this basis, the change of domestic law and many related issues are mainly the tasks of administrative law. In my opinion, under the administrative law, the role of local government in guiding policy of international trade remedies, public information services and cultivating local talents is based on the theory of public interest.