On The Public Interest Clause In Anti-Dumping Law

As a kind of trade relief measure, the function of anti-dumping is protecting interest of domestic relevant industries. If use it improperly, will cause the harm to the public, the society, and even national whole interest. National relevant administrative departments should turn the standard the most greatly with public interest, balance rationally between industry's interest and public interest. This is the rational restriction and supplementing of the anti-dumping mechanism, how could make the public interest clause function in the anti-dumping practice, it is the purpose that this text studies.Chapter One analyze the principle of public interest and the public interest clause in anti-dumping law. In a word, the principle of public interest contains all common interest with social commen enjoyment,such as public goods and public service. In various public interest system of departmental laws, because the attention of public interest paid by anti-dumping law is more macroscopic, so as to measure the gain and loss of the whole social interest, therefore it seems necessary to establish and complete public interest clause in the anti-dumping law. And the public interest clause in anti-dumping law means while taking anti-dumping measure, can't only consider the interest of the domestic industries which are damaged, should pay attention to and consider public interest generally especially interest of industry users and consumer then estimate synthetically that interest. The public interest in anti-dumping law is interest of country (or the region) including the manufacturer, importer, downstream industry users, consumer, and so on. From domestic, various kinds of interest include the national benefit, involving the political, economic factor in this country.Chapter Two analyze the necessity that incorporate the public interest clause into anti-dumping law. First of all, seeing from the legislation value of...