A Benchmarking Study Of Anti-dumping In International Trade In Service From The Perspevtive Of Anti-dumping In Goods Trade

The legal system of Anti-dumping plays a very important role in trade remedy system. Together with the legal system of anti-subsidy and the legal system of safeguard, it consists of the three main components of trade remedy system, which are referred as "two anti-s one safeguard". The legal system of anti-dumping is an important tool of maintaining fair competition and international trade order, and protecting the domestic industries and the domestic market. However, this system can also be abused as the preferred means of the trade protectionism which is rising constantly under the current situation which the financial crisis has not yet ended comprehensively, and the economic growth prospects are not hopeful. Therefore, under the conditions of economic globalization, in order to build a trade remedy system which is in line with international principles of free trade but also to filly protect their own interests, all the countries in the world have made further researches on the trade protection measures which include the anti-dumping system.The anti-dumping system of goods trade has been more mature, but anti-dumping system of trade in services has not yet been clearly identified. The anti-dumping system in the trade service has its strong rationality and necessity. Thus, if we want to improve the trade in service anti-dumping system, we should benchmark goods trade anti-dumping system. From the reference study, build the anti-dumping system in trade in services.In the view of practical, the economic continue downturn in the developed countries, which led to the rise of trade protectionism. So the development of China's export trade has faced a great obstacle. On the other hand, with the depth increasing of economic globalization and the influx of unfair competition by foreign goods and services, it is bound to Chinese domestic market and the impact of the domestic industry seriously. If our country does not set up goods trade and trade in services remedy system, we can not protect the interests of domestic industries well, and even strategic security of our country's economic crisis. In addition, by reference to the traditional construct of anti-dumping system, trade in services will also participate in the development of future rules of international. Trade in services negotiations provides a strong theoretical basis for the promotion of international service trade remedy system to the benefit of our country's direction. Based on the traditional theory of anti-dumping, the field of trade in service also can build anti-dumping system. This paper is divided into five parts:The first part of this paper describes the basic theory of trade in service and goods trade. Firstly, this section introduces the definition and classification of trade in services and goods trade. Then, this section compared the characteristics of trade in goods and trade in services in order to identify differences between them, such as the forms, storage, the national trade protection, trade protection, trade regulation, in order to draw considerations in trade in services to provide anti-dumping system from goods trade.The second part describes the basic theory of dumping and anti-dumping laws. This section firstly introduces the concept the dumping and the history of strict definition. Then according to different criteria, type more detailed understanding of dumping. Finally, identify the anti-dumping and anti-dumping determination; summarize the characteristics of anti-dumping, in order to provide the theoretical reserve to construct the anti-dumping system of trade in service.The third part t describes the demonstration of feasibility in the system of trade in services. This section introduces the dumping of trade in services specific forms of cross-border supply, consumption abroad, commercial presence and movement of natural persons in the presence. Then this part analyses the reason why anti-dumping not existing in WTO and national rules. Finally, anti-dumping legislation on trade in service needs to make a note of anti-dumping regime for trade in services, so the anti-dumping system of trade in services is necessary.The fourth part constructs the anti-dumping system in trade in service. This section introduces e the existing legislation of anti-dumping in trade in service. Then give some advice of building the anti-dumping law of international trade in service.