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The Main Substance And Procedure Rules Of Chinese Anti-dumping Law In Comparison With The Western Countries's By WTO System

Posted on:2002-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:X Z ZhaoFull Text:PDF
GTID:2156360125970261Subject:Law
Abstract/Summary:PDF Full Text Request
Dumping and anti-dumping are usual phenomenon which we could see in the international trade. In order to control the trend of protectionism's rising which is on the basis of anti-dumping act, it has enacted 4 pieces of Acts on anti-dumping during the GATT/WTO series of trade negotiations. Among them the anti-dumping Rules of Uruguay Round had especially been the one every WTO member should obey. The new Chinese law, known as the Rules of the People's Republic of China on Anti-dumping and Anti-subsidy took effect on March 25, 1997. But our related legal system still has much incompleteness and imperfection. To make the internal legislation according with the international treaties under the situation of Chinese entering WTO soon becomes urgent. Thus it has a significant practical sense to research the basic legal theory on international anti-dumping act using comparative method, to revise Chinese legal system related to anti-dumping enactment and application. This essay will use the comparison method to study on the main similarities and differences of substance and procedure rules between Chinese anti-dumping law and WTO rules, as well as the differences between the U.S. , European legislation and WTO rules on such fields. Here are 5 parts. First is the preface to introduce the background, purpose, and significance of anti-dumping rules researches which facing the situation that we will enter the WTO very soon. The second part is to study on the basic problems of dumping and the anti-dumping legislation, which is related to the definition, categorization of dumping, effects on economy, different opinions on anti-dumping enactment. An evaluation on the development and formation of GATT/WTO anti-dumping rules system is also included in this part. Besides, we can see effects the new anti-dumping rules of WTO bring on European, U.S. and our country's legislation and legal practice. The third part is the comparison of main substance rules. Firstly is the dumping determination relating to the comparison of normal value, export price, dumping margin, Secondly is the assessment of injury, which relates to the different definition of "same product" and "domestic industry". Also including the comparison of the criteria used to determine the injury. Last but not the least is the analysis on casual connection between the dumping and the injury, including detail analysis on main elements deciding casual connection, the necessity of other factors' s existence, determination of casual connection's effect. The forth part is the comparison of procedural rules, mainly the comparison research on anti-dumping investigation procedure and anti-dumping measures. We can also see an inquiry into those related rules of administrative review and judicial review in this part. The fifth part is to value the highlight problems arising from our country's anti-dumping legal practice and to present my own suggestion on revising and perfecting our anti-dumping enactment.
Keywords/Search Tags:dumping, anti-dumping legislation, comparative law research
PDF Full Text Request
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