Comparative Study On Anti-dumping Substantive Law

Study on anti-dumping system, especially by comparison law method, we think, should be very important and significant. Therefore, this article mainly analyses the sameness, difference, background, effect of anti-dumping substantive law of EU, USA and WTO, compares anti-dumping act which was newly issued by the State Council with the three above-mentioned and points out the successes and defects of it, furthermore, tables some proposals to make it more reasonable.In the first part, this article summarizes a series of basic concepts in the anti-dumping law, analyses the system value and actual effect of the anti-dumping law against the suspicion and criticism of it, demonstrates the rationality, the justice and the necessity of it from such point of view and points out that the essence of anti-dumping law is protectionism. As we all know, the imposition of anti-dumping duty should be based on three conditions as following: the objective existence of the fact of dumping; the injury of the importing country's domestic industry by the dumping and the causal relationship between the above-mentioned two factors. So, this article studies the three subjects entirely, thoroughly and comparatively in three parts, i.e. the author analyses the determination mechanism of dumping, namely studies normal value and its determination method, normal trade course, the comparison and adjustment of normal value and export price, especially elaborates the non-market economy problem which hampers seriously the export of our country in the second part; studies the determination mechanism of damage including analyzing some important terms such as domestic industry, like product, damage and its manifest and determination, etc. in different anti-dumping law background, especially introducing and advocating somenew method of determining like product under the WTO Anti-dumping agreement--Market-based Approach in the third part; and in the fourth part the author states the standard of judging the causality between dumping and damage, one of the most important problems of anti-dumping law, and argues the adoption of principle clause standard which in fact has been insisting in the practices of China's anti-dumping. In the final part, this article concentrates on the research of anti-circumvention system, proves that the system is reasonable, necessary and legal, comments the international law actualities of it and at last suggests that our country should absorb the advancedachievements in this field so as to improve the counterpart of our country and enhance to protect domestic industry.