On The System Of Anti - Dumping Judicial Review

With the development of economic globalization today, the competition of international trade is intensifying. Dumping is widely used in practice in the world. Anti-dumping is a relief measure to dumping, the unfair trade, which legality empowered by WTO. It protects domestic industry directly and effectively. The anti-dumping judicial review is a basic relief system of the anti-dumping and also the main content of WTO Anti-dumping Agreement.The WTO Anti-dumping Agreement clear requests the principles of independency, justice and transparency clarity be followed in the administrative act of anti-dumping judicial review.With the economic development of our country, the Chinese export products are increasing year by year cause of the relative cheapness labor cost. China is becoming the country being accused most of the anti-dumping in the world, thus the domestic industry injured heavily. The cases of anti-dumping have been more since China joined WTO, so it is now an urgent task to strengthen and perfect China's judicial review system of anti-dumping, which to perform the duty promised in the accession to the WTO .Now, there are many studies on anti-dumping, which have made considerable academic achievements. However, academic studies on anti-dumping judicial review system are few. As a very important part of the anti-dumping legal system, anti-dumping judicial review is worthwhile studying, for its result affects not only interest of the relevant industry of import country but also that of the manufacturer and exporter of the investigated product of export country. But meanwhile, the workconcerning China's judicial review system of anti-dumping is in its infancy, so some basic issues of theory and practice are to be solved .On the basis of explaining the relative basic conception of the anti-dumping judicial review, the text gives emphasis to analyse the American and European Union judicial review, expounds the understanding of WTO anti-dumping clause and the process and existing of the system of judicial review of anti-dumping in China. Then by the comparison of judicial review of American, European Union and WTO with that of our country, the text finds the concrete disparity between our country's and international anti-dumping judicial review, points out the necessity of perfecting judicial review of anti-dumping in our country and gives the helpful advice by own. The text consists of five parts:The First Chapter stress on discussing the legal principle, evolvement, significance and function of anti-dumping judicial review on the basis of explaining the basic conception of the anti-dumping judicial review which including dumping, anti-dumping, anti-dumping law and judicial review.Chapter Two gives a breadthwise comparison to the system of judicial review of anti-dumping in American and European Union. It analyses the characteristics of the body of judicial review, the scope of judicial review, the standard of judicial review, lawsuit participants and trial patterns from different angles, from which we can draw useful enlightenment from the comparison and illustration.Chapter Three main introduces the 13th clause of WTO Anti-dumping Agreement, in which put forward the clear request for its members to set up the system of the anti-dumping judicial review. Particular emphasis is laid on the summarization of the review department, legal procedure, jurisdiction, review efficiency,independency, review standard and so on.Chapter Four gives a full description of process and existing the system of judicial review of anti-dumping in China. It analyses the characteristics of anti-dumping judicial review from the angle of administrative owing to the special relationship between the system of anti-dumping judicial review and the administrative lawsuit in China.The Fifth Chapter, the important section in the text, it first points out the necessity, the urgency and the feasibility of building the system of judicial review of anti-dumping in China, which reflects the signifcance of writing this paper. While in the comment, on the expressions of my own opinions and suggestions from different angles, which includes the basic principle, microstructure and the legislative perfection.