중국 무역장벽조사제도에 관한 법적 고찰

China's strategy of trade and commercial system has been reformed from domestic development, mainly due to the inducement of foreign capital, to foreign trade development strategy since 1999. China's trade and commercial system became more active contrast to the passive policy of the past. The establishment of trade barrier investigation system in China means greater changes of trade and commercial system. “The regulation of foreign trade barrier investigation”, in which established by the secretary of trade and commercial in 2005, is an indispensable law of trade barrier investigational system in China. This paper deals with overall analysis of China's trade barrier investigational system and law. First, the substantial and procedural legal aspects of the trade barrier investigational system are analyzed, and then the feature and problems of trade barrier investigation system are evaluated. Lastly, the influence of China's trade barrier investigation system to Korea is reviewed. Compared to USA's section 301 of the trade act and European union's TBR(Trade Barrier Regulation), the core characteristics of China's trade barrier investigation system are relatively open. This requires general and comprehensive rules, in order to ensure superintendent's discretionary power. Therefore the preparation of positive countermeasures in foreseeable future can be dealt by liberal interpretation of law system. Since Korea has a close affiliation with China's trade barrier investigational system, problems arousing from radical measure against trade barrier between Korea and China should be thoroughly prepared.