On The Public Interest Of Antidumping And It's Economic Analysis

Since China's entry into WTO, more and more enterprises have employed anti-dumping to protect their economic interests. Anti-dumping is a two-edged sword, as protecting domestic injured industries, the downstream users and end-users of the enterprises are possibly damaged, and overall social economic benefits are decreased ultimately. Therefore, how to coordinate interest relation of each party has become an important issue for nations.At present, three cases related with public interests occurred in anti-dumping practice in China. Ambiguous provision about public interests principle in anti-dumping legislation and ineffective solution in practice results in inefficient arbitration of these anti-dumping cases. As a result, regard "public interests principle" as a significant topic to research in terms of legislation and practice bears on important meaning to further perfect anti-dumping law system, improve anti-dumping arbitration efficiency and guarantee overall economic interests.The body of this dissertation consists three parts. Part I introducesthe concept of public interest, scope, reason for appearance, legislation status of each nation. Viewpoint is pointed out in critical issues to provide reference for construction of public interest principle. Part II is the core of this dissertation, in which, the in-depth study focuses on the interest conflict between up & down-stream regarding to public interest, and " the tax rate selecting module of public interest in anti-dumping" is constructed via utilizing economic analysis law. The module analyzes the quantitative relation between public interest and anti-dumping duties, tax rate selecting approach for coordinating interest relation of each party by means of utilizing public interest principle, which provides new thoughts for solution in interest conflict of anti-dumping practice. Part III makes a legislation proposal in confirmation of public interest principle to ensure validity and practicality in implementation of public interest.