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当两国发生贸易争端时,一国常常通过贸易报复的方式来迫使另一国取消贸易保护措施,贸易报复制度在WTO体制和各国国内法中均得到了承认。WTO体制下,贸易报复是争端解决的最后保障,但WTO争端机制旨在解决成员国之间的争端,因此,要赋予本国私人请求本国政府对另一国家进行贸易报复的权利,仍然需要国内立法。目前来看,各主要大国都通过国内立法赋予本国国民权利,以请求本国政府对另一国家进行贸易报复,为争端解决的国内程序和国际程序的衔接提供了基础,使得本国国民可以通过国内程序启动国际争端解决程序。与美欧相比,我国关于贸易报复的立法和实践经验均不甚丰富,确实需要借鉴较为完备的美欧立法,完善我国的有关法律制度。
When a trade dispute occurs between two countries, a country often compels another country to cancel its trade protection measures through trade retaliation. The trade retaliation system has been recognized in the WTO system and national laws of various countries. Trade retaliation is the last guarantee for dispute settlement under the WTO system. However, the WTO dispute settlement mechanism aims to resolve disputes among member states. Therefore, it is still necessary to provide domestic legislation to domestic private individuals to request their own governments to trade retaliation against another country. At present, each major power country has given its own people’s national rights through domestic legislation, and petitions its own government for trade retaliation against another country. This provides the foundation for the convergence of domestic and international dispute settlement procedures so that its own nationals can pass domestic procedures Initiate international dispute settlement procedures. Compared with the United States and Europe, China’s legislation and practical experience on trade retaliation are not very rich. We really need to draw on the more complete legislation in the United States and Europe and perfect the relevant legal system in our country.