Discussion On The System Of Judicial Review Of Anti-dumping After China's Accession Into The WTO

Anti-dumping is widely used in practice, because by it we can protect domestic industry more easily, more effectively and more directly. Now, the competition of international trade is intensifying. So after China joined the WTO, how to build and further the system of Judicial Review of Anti-dumping, and how to seize the development tendency of this system has become an important issue. But the related researches in China are still not deep enough. So this paper is of great significance, both in theory and in practice. This paper is divided into five chapters, of about 50,000 words.The first chapter discusses the requirements that the WTO regulations make to the Judicial Review System and the promise that China made to build the System of the Judicial Review of Anti-dumping when China joined the WTO, reflecting the international background of writing this paper. Then it explains the Judicial Review System in the Anti-dumping agreements of the WTO. In the agreements that China joined the WTO, China has promised to build the System of Judicial Review. So to build the system is the obligations that China promised to shoulder when China joined the WTO.Chapter Two from different angles expounds the necessity to build the System of Judicial Review of Anti-dumping in China. First, it point out the situation of the System of Judicial Review of Anti-dumping in China, which reflects the signifcance of writing this paper. At the same time,this paper proofs that building the System of Judicial Review of Anti-dumping in China is the demand of the practice of anti-dumping of our country. Then the basic situation of the Review System of China is expounded, which reflects the common sense of the System of Judicial Review. Finally, this paper analyses the development tendency of the System of Judicial Review of Anti-dumping after China entered the WTO, from the angles of will change in the future.Chapter Three gives a comparison to the System of Judicial Review of Anti-dumping in the USA and in the European Union. It makes us know about how they deal with the demands of Judicial Review concerned in the WTO anti-dumping agreement, from which we can draw a lesson.Chapter Four, from the principle and the process of legislation, gives a full description of the construction of the System of Judicial Review of Anti-dumping in China and comments on China's existing legislation pattern. The system of Judicial Review has been built in China, while the Judicial Review of anti-dumping has its own characteristics. The legislation pattern of the system has its theoretic foundation and accords with the principle of legislation, but now it still is insufficient.The Fifth chapter gives an overall discussion on the scope of accepting and hearing cases, lawsuit participants, jurisdiction, legal application, review standards and trial patterns, by the way of describing first and then commenting. In the description, particular emphasis is laid on the summarization of the related provisions of the system, while in the comment, on the expressions of my own opinions and suggestions.