Effect Of China's Accession Into WTO On Its Anti-dumping Legal System

The present article discusses the anti-dumping problem in the field of international trade law , that has drawn popular attention , in an attempt to analysis the difference between China and the 1994 Code of GATT Uruguay Round , the anti-dumping legal systems of the major western developed countries and regions and the major developing countries. The article puts forth the author's own points of view on the perfection of China's existing anti-dumping legal system. The article is divided into 5 parts:Part 1:Outlines the achievement gained in anti-dumping by GATT Uruguay Round, eg. 1994 Anti-dumping Code, depicts the evolution of the Code and its main contents; introduces the formation process and the latest stipulations of major western developed countries and developing countries and, developing countries and, finally, introduces China's existing antidumping Legal System, stressing the contents and defects of ((The Antidumping Regulations of the People's Republic of China)) .Part 2: is concentrated on confirmation of dumping, which is one of the factors that structures the levy of anti-dumping tax. Confirmation of dumping depends upon the determination of normal value and export price. The first section points out the stipulations made by the determination of 1994 Code and Europe and the United States on normal value , and comparatively points out the defects of the country's regulations of this aspect and puts forth some supplementary proposals; The second section points out that the country's regulations should stipulate the regulated items and concrete plus or minus clauses in the comparison process of prices.Part 3:discusses the confirmation of damage, another factor to determine the levy of anti-dumping tax. Determination of damage refers directly to the same product and domestic industry. Therefore, the part points out the exact implication of the same product and domestic industry of China; discusses the cognition of essential obstacles of the related domestic industries.Part 4: is on the consideration of state interest and, through introduction to the stipulations on levy of anti-dumping tax made by EU on the basis of consideration of the community's interest , puts forth that China should enlist the consideration of state interest as one of the factors to levy antidumping tax, fully balancing the state's entire interest, domestic industrial interest and the consumers' interest so as to overcome the negative effect of anti-dumping measures.Part 5: is on the improvement in procedures. Judicial examination is the key point of the part. It is a problem to the solved urgently. The article puts forth the author's points of view on the qualification of applicant, release of confidential data, anti-evasion measures and the establishment of investigation organ.Conclusion: state and counter-measures of China's anti-dumping cases. The part summarizes lessons and experiences and make counter-measures through introduction to the situation of anti-dumping cases of foreign countries against China and the fierce market competition faced by China after its accession into WTO.