中美贸易争端开展以来，美国《对敌贸易法》（Trading With The Enemy Act）的适用导致我国不断出现贸易安全问题，既包括以《对敌贸易法》为依据对我国企业直接实施经济制裁，又包括间接地影响其他国家阻碍其他国家与我国的正常贸易往来，而其法条内容上存在的修订空间也对我国贸易安全构成了潜在的风险。在国内立法上我国缺少针对《对敌贸易法》的反制机制，在国际上缺乏反制《对敌贸易法》的贸易环境，加之《对敌贸易法》在1917年出台以来不断完善，与其他制裁法律形成了较为完备的经济制裁法律体系，导致我国贸易安全存在着以上问题而难以解决。通过对美国《对敌贸易法》在历史上适用情形的梳理，并将《对敌贸易法》与美国其他制裁法律、其他国家的对敌国贸易法律进行比较，在纵向和横向上进行分析，最终得出美国《对敌贸易法》适用的情形包括在战争时期时直接适用、在非战争时期一定程度的适用以及在经济困难时适用，而适用时具有适用对象多、适用时间长、适用灵活性强的特点。针对美国《对敌贸易法》带给我国的问题以及原因，结合其适用的情形与特点，同时借鉴部分国家应对该法案的经验，最终得出我国应建立健全针对《对敌贸易法》的反制机制，在国际上积极构建应对《对敌贸易法》的良好制度环境，借鉴国外构建阻断性立法、实施产业升级与海外布局等应对措施的有益经验，以便更好应对《对敌贸易法》带来的威胁。

Since the beginning of Sino US trade disputes, the application of the "Trading With The Enemy Act" of the United States has led to the continuous emergence of trade security problems in China, including the direct implementation of economic sanctions on Chinese enterprises based on the "Trading With The Enemy Act", and the indirect influence on other countries to hinder the normal trade exchanges between other countries and China, However, the amendment space in the content of its articles also poses a potential risk to China's trade security. In the domestic legislation, our country lacks the counter mechanism against the "Trading With The Enemy Act", in the international trade environment, and the "Trading With The Enemy Act" has been constantly improved since 1917, forming a relatively complete legal system of economic sanctions with other sanctions laws, which leads to the above problems in China's trade security and is difficult to solve. By combing the application of the "Trading With The Enemy Act" in history, and comparing it with other U.S. sanctions laws and other countries' trade with the enemy law, this paper analyzes it vertically and horizontally, and finally comes to the conclusion that the application of the U.S. "Trading With The Enemy Act" includes direct application during the war, direct application during the war and direct application during the war It can be applied to a certain extent in the non war period and in the economic difficulties, and it has the characteristics of many objects, long time and strong flexibility. In view of the problems and reasons brought to our country by the "Trading With The Enemy Act", combined with its application situation and characteristics, and drawing lessons from the experience of some countries in dealing with the act, it is concluded that our country should establish and improve the counter mechanism against the "Trading With The Enemy Act", actively construct a good institutional environment to deal with the "Trading With The Enemy Act" in the international community, and learn from foreign countries to build blocking legislation and anti-corruption mechanism In order to better deal with the threat brought by the "Trading With The Enemy Act", we should learn from the experience of industrial upgrading and overseas layout.