Comparative Analysis Of Anti-dumping Laws

Dumping is a kind of unfair market competition behavior. It is an approach for the exporter to seek for market quota and to acquire advantageous competitive status. The price of the dumping products is much lower than the domestic similar ones. They can benefit the domestic customers. But the threat it brings to the producers can't be avoided. So, anti-dumping law is arising at the historic moment. Anti-dumping law is rational to same extent in maintaining normal International trade order and promoting fairness, freedom and order of international business. General Agreement on Tariffs and Trade in 1948 also affirms the anti-dumping actions of countries principally.China is a developing country. Because of limited development level of economy, the anti-dumping legislation starts relatively late, the legal system is not so perfect as developed country even some developing countries. So, comparing our country's " anti-dumping regulations " with WTO rules and anti-dumping in America and Europe, looking for the deficiency and defect of ours 'current anti-dumping laws, offering the suggestion of improving and imagination, are good to set up our country's effective legal system of anti-dumping and anti-dumping probe mechanism. In addition, with the growth of the foreign export of our country, the export enterprises of our country are continually complained by the foreigners. The reason is partly the bad understanding and researching anti-dumping law, while running into appeal, we either don't respond to appeal or lose lawsuit disadvantage responding. Therefore, it has become a serious obstacle for China to broaden opening-up and develop foreign trade. It is an import subject to strengthen the studyof anti-dumping law.Anti-dumping is the hotspot to cause trade friction between European Community, America and other countries. So, above-mentioned countries and WTO' rules are the focal point that the article will describe. The article is divided into four parts: the first part involves the summary to the anti-dumping law, economic meaning and characteristic of dumping. It is a basic part of the following content. Second part combines the comparison of antidumping substantive laws and its implementing effects between WTO, EC and USA and our country. It includes dumping asserting, damage confirmation, and the causality between the dumping and the damage. The third part combines the procedure laws of anti-dumping of various countries, including the difference of the competent authority, application and register, the time limitation of the judgments and the ways, first and final judgments, and the difference of administrative revision trial and judicial censorship. The last part puts forward the suggestions of two respects. The one is how to legislate the anti-dumping of our country perfectly. The other is how to respond to foreign countries' anti-dumping prosecution.