The Research Of Anti-circumvention Problem Under Antidumping Law System

With the increasing international competition, large of circumvention behaviors for anti-dumping measures happened. To safeguard the order of fair competition in international trade, governments began to circumvent the form with the. legislation regulating. Anti-circumvention measures has become a powerful legal protection after anti-dumping measures, and anti-circumvention legislation is the new addition and development of anti-dumping legislation. While China is just at the first step of anti-circumvention legislation, the provisions of which are too simple. Now the anti-circumvention legislation of the United States and the European Union has comparatively complete content and larger influence in the world, from which, we can learn a lot for our anti-circumvention legislation. The future anti-circumvention legislation of China should be improved in the aspects of the specific scope of evading behaviors, the time limit of detailed survey, the special circumstances of suspend investigation, the linkage with related laws and policies and so on.On the basis of the introduction to anti-circumvention rules and the Europe and America's experience, this article discusses the anti-circumvention legislation's development and perfection in China, as well as combining the actual situation in our country.The article is divided into six chapters:the first chapter tells the writing purpose and significance, current research in China and abroad, as well as the research methods and innovation of the article. The second chapter mainly introduces the general meaning of circumvention and anti-circumvention, the anti-circumvention measures'production, definition and species. The third chapter pursues the theoretical basis of anti-circumvention from two aspects which include legal value and the theory of economics. The fourth chapter introduces the anti-circumvention legislation of the European Union and the United States, including the substantive law and procedural law, and it also has corresponding comparison. The fifth chapter basically introduces the status of anti-circumvention mechanism under anti-dumping law system, and actual situation suffered anti-evading investigation and levied the anti-circumvention tax, it demonstrates the necessity that improves anti-evading mechanism under the legal system of anti-dumping, while it tells China practice rationality and feasibility of the legislation. The last chapter puts forward the principles for improving anti-circumvention mechanism under the antidumping law, and the imagination of constructing anti-circumvention mechanism. The article's innovation lies in practical significance of the urgent subject, the analysis of anti-circumvention combining economics and law, while it use comparison method to analyze EU and the USA's experiences as well as use the standard method to explore the theory basis of anti-circumvention.