A Study On WTO Anti-Dumping Dispute Solution Mechanism And China Strategy

Anti-dumping international trade dispute appeared at the beginning of twenties century. To the year of nineties, it has become one of the main realms in international trade dispute. Since Chinese product has often been treated by anti-dumping for import countries. China has heavy losses but a lot of foreign products dump their product into China market, causing China related products material injury or threatening such injury. China National Peoples Congress promulgated < foreign trade law >, item thirty is "anti-dumping" specialized term. It regulated " the product imports by lower than normal value, from here the related established domestic industry causing material injury or threatening such injury, or causing the related established domestic industry material bar, the nation can adopt the necessary measure clear or alleviate this kind of threatening damage or bar". In the year of 2001, the nation promulgated " anti-dumping regulation" reiterated this anti-dumping basic provision. Its contents is completely coordinated.WTO anti-dumping dispute solution mechanism include anti-dumping domestic dispute solution mechanism and anti-dumping international dispute solution mechanism. WTO is an international and multilateral trade organization. Any country or region join the WTO, must promise: WTO multilateral agreement of each item disallow the member to have the reservation, as soon as join, all the multilateral agreement come into legal effect, square trade lawmaking of each item cannot deviate with the multilateral agreement of WTO.For this, WTO established a special features mechanism "trade policy appraise mechanism. Periodically appraise the members' trade policy and lawmaking. To guarantee the transparency of members' trade policy and measure.China join the WTO and become the member of international economic organization. China join the WTO is late but China anti-dumping lawmaking accept current international anti-dumping lawmaking results, from the beginning with the advantage of synchronous international community. Especially on 26 Nov. 2001 promulgated the specialized < anti-dumping regulation >. This regulation adopt modern international anti-dumping new results and combine China practice to let WTO rules convert to the contents of Chinese law system and become a success lawmaking. It acts very important function for China anti-dumping. But because the restrict of history, it still has some lacks, should positively create conditions as soon as to revise and renew. Our anti-dumping lawmaking of further complete, must promote the development of foreign trade and let our enterprises get away from the hardness of anti-dumping, walk into the equal position withother WTO member and the road of protect legal right.