The Establishment Of The Public Interest Principle In The Antidumping Law

Anti-dumping Law is an important law system in WTO for the protection of domestic industry. Anti-dumping Law can effectively protect domestic industry,promote fair competition and maintain the development of normal and healthy international trade order. But in the recent years,while all kinds of tariff and non-tariff ramparts decrease gradually,antidumping measures have been abused frequently. They have been political implements to protect the interests of domestic industry groups and ignore the interests of importers and consumers seriously. Anti-dumping Law has strong factors of trade protection and it is based on the theory that dumping is harmful. Therefore, the scholars have put forward some innovations of Anti-dumping Law. The establishment of the public interest principle in Anti-dumping Law is an important piece of advice. This thesis applies the analytic method of history , comparison and law. It is based on the discussion of law and properly applies the analytic method of economics. This thesis starts with definition of the pubic interest and stresses the necessity of the pubic interest .It also predicts the improvement of the pubic interest.The first part of the thesis starts with the history of the word,and introduces the general definition of the public interest,and then defines the public interest in Anti-dumping Law through the discussion of the public interest in the law of EU and Canada. The second part analyzes the theory source of the necessity of the pubic interest . The theory that dumping is harmful and the factors of the trade protection are the legislation foundation of the public interest in Anti-dumping Law. The third part of the thesis emphasizes the reality foundation of the necessity of the public interest. It can help to reduce the loss of interests,mediate the conflict,limit the trade protection and prevent the abuse of Anti-dumping Law. The last two parts of the thesis fix eyes upon the divergence of the members in the WTO Doha Round and the position of China,and then puts forward the opinion of the improvement of the pubic interest in the future.