On Antidumping Measures Abuse

Antidumping measures abuse, namely achieving trade protection in the name of antidumping , actually refers to unreasonable trade protection acts. The analysis of main reasons shows that antidumping measures abuse results from inefficiency and inequality of antidumping measures without considering public interests in economy; And ambiguity of some stipulations in antidumping laws results in the possibility of carrying out antidumping measures improperly. Through studying the mechanism of dispute settlement of WTO, it is evident that limits in its procedure and some provisions have made the settlement of antidumping measures abuse less efficient; At the same time, antimonopoly laws fail to regulate the acts of antidumping measures abuse because of their no legal binding on such acts happened in foreign countries. Then, different patterns of antidumping laws in regional economic groups have been analyzed, which indicates that patterns of antidumping laws in EU, NAFTA and ASEAN are good for the settlement of antidumping measures abuse. From the paper, Establishing a reasonable game mechanism in laws is the key to solve the problem completely. It is the first time in the paper to suggest adding plaintiff's legal responsibility of giving evidences and defendant's right of bringing a lawsuit for antidumping measures abuse to develop our country's antidumping laws, which are useful and helpful to establish reasonable game mechanism and solve the problem of antidumping measures abuse successfully. In addition, another new and creative viewpoint, namely studying the problem of antidumping measures abuse with regional economic integration, has been put foreword. At present, adopting patterns of antidumping laws in regional economic groups is a good choice for solving the problem effectively, which is valuable for China to develop its antidumping laws and solve the problem of antidumping measures abuse properly.