A Comparative Study On Legal Problem Of Anti-Dumping Between China And Foreign Country

The Antidumping Regulation of the World Trade Organization (WTO) establishes the fundamental principal and the minimum standard of antidumping for the numbers of WTO. After entering the WTO, on one hand, antidumping will be an important problem which Chinese Government, especially Chinese industries, has to face and solve. This objectively request that China has to perfect the antidumping laws . On the other hand, China must comply wi th the duties stipulated on the Antidumping Regulation of WTO. Therefore it is necessary to study the shortcoming which Chinese current antidumping laws have and to perfect the laws. Focusing on legislation and judicature, this thesis makes a good comparison between the antidumping laws of China and the Antidumping Regulation of WTO, and meantime, it analyzes and compares the antidumping law systems between the United States and the European Union. Through analysis and comparison, the following conclusion can be draw: the antidumping laws of China have the lack in some aspects such as the definition of dumping or injury, programs of suing and investigating, judicature reviewing and the anti-circumvention clause. Which is manifested on the lack of the explicit provisions or on the provision that is too principled to practice, With regard to the disparity mentioned above, China should perfect the antidumping laws according to the standard of the Antidumping Regulation of WTO. Based on this point, this thesis puts forward some legislative proposals, expecting to establish Chinese perfect antidumping legal system.