On Public Interest Principle In Antidumping Law

The economists and jurists have paid much attention to Antidumping Law since it came into being. In the past time, most scholars held that dumping was harmful and antidumping measures were helpful to safeguard the normal international trade order and contributed to its fair and free development. But nowadays, more and more scholars treat the issue in an objective way. From the point of view of economics, the existence of dumping to some extent is rational, which reflects the rigorous and natural international trade competition. And not only do the antidumping measures affect the domestic industry, but also have the great influence upon other interest parties in the import country. In addition, antidumping measures have been abused recently. Therefore, scholars put forward some innovations of Antidumping Law. The author aims to contribute to the improvement of Antidumping Law from pubic interest principle point of view.One analysis way of the paper is from the general to the specific, that is, the author researches the general public interest principle first , then deals with public interest principle in Antidumping Law. Another research way is from the idealism to the reality. First, the author makes up the public interest system in a ideal way. Then, depending on the ideal system , the author reviews WTO Antidumping Agreement, EU's, US's and China's Antidumping Law.There are four parts in the paper. They are the necessity analysis, the system construction, the remark of Antidumping Law around the world and some pieces of advice on China.Chapter One is about the necessity analysis. The first part discusses public interest in the general meaning. Combining the definition of objectivism and subjectivism, the author defines public interest and researches its important function. The second part analyses Antidumping Law's protective and dubious characteristics. The characteristicslead to the abuse of antidumping measures in practice. That's why it is necessary to set up the public interest system in Antidumping Law.Chapter Two is about the content and some system arrangements of public interest principle. First the author gives an definition of public interest in Antidumping Law from the domestic interest parties such as the importers, salesmen, and the consumers and so on.. Then the author makes some substantial and procedural system arrangement of public interest principle.Chapter Three discusses Antidumping Law legislation and practices around the world, such as WTO Antidumping Agreement, EU's Antidumping Law and US's Antidumping Law. There is no clear concept of public interest principle in WTO Antidumping Agreement. EU's Antidumping Law shows the advanced character as far as public interest principle is concerned. US' Antidumping Law just regards the principle as the premise of pausing and terminating antidumping investigation.In Chapter Four, the author suggests that the principle should be set up and the Chinese corporation facing the antidumping appeal should cooperate with the import country's interest parties to increase the chances to win.