A Comparative Study Between Chinese Antidumping Law And International Antidumping Law

The antidumping measures have now become an important kind of non-tariff measures for all countries to prevent or stop dumping behaviors and to pretect domestic industries, since they were brought into General Agreement on Tariff and Trade (GATT) . With the conclusion of the round of negotiation in Uruguay and the establishment of the World Trade Organization , all the countries in the world (like the u. s. and the European Union) which have made antidumping law have amended and perfected their own antidumping legal system one after another ;meanwhile, numerous developing countries have also got involved legislatively and judicially in the exercising of antidumping in succession As all the treaties under the WTO were carried out , and as all the members further reduced import, tariff, the enforcement of international antidumping law is being promoted day by day . This has become the main concern of the trade and legal world of every country.During the past 20 >rears, our exports were frequently met with the foreign antidumping investigations;at the same time ,lots of foreign imports invaded China' s markets by means of dumping , which brought great damage to China' s related industries. Therefore, under the influence of the economic globalization , especially under the circumstances that our country is further opening itself to the outside world and that it is facing the important moment of entering the WTO, it is extremely significant to compare the defects of Chinese and international law, to study the way of further perfecting our antidumping law and regulations , and to learn to apply properly this internationally accepted means of antidumping to the protection of related industries in our country .The thesis consists of four chapters. The first chapter gives a summary of antidumping law .In regard of the situation that Chinese exports werefrequently investigated and taxed for the sake of dumping , this chapter deals with the harmfulness of dumping , the reasons for china' s frequent antidumping investigations, and the necessity for making antidumping law ;it discusses the rules and regulations for fair competition and the nature and functions of law protection, with the antidumping law as the condition for free trade ;and it also elaborates the relationship between antidumping law , the liberalization of trade and reform and opening to the world .Thus a basic conclusion is drawn:china needs antidumping law .The second and the third chapters are carrying out the open policy and consciously joining the procession of economic globalization ,china must continually further its reform on the economic system and make effort to establish and perfect the antidumping legal system (including the entity law , the law of procedure, executive actions, and judicial inspection, and so on ).0nly in this way could china fundamentally change the present situation of being unfairly treated and share the benefit brought about by free traed and international division of labor.