On The Legal Status And Functions Of The Chamber Of Commerce In Anti-dumping

The function of the chamber of commerce is widespread whether in domestic market or the international trade domain. Participating in the anti-dumping activity is the most representative function in the international trade domain. Meanwhile, it is the function which needs to be strengthened after China entered WTO. It is the vacancy of the chamber of commerce applying for the anti-dumping investigation that causes our country to raise few and poor quality cases. But in terms of participating in the anti-dumping activity, the chamber of commerce has incomparable superiority over the government and the enterprise. Although the government takes responsibility for initiating of anti-dumping investigation actively, and holds rich resources, sometimes it is not suitable to initiate anti-dumping investigation by the government to a few countries. Especially China as a socialist country, many countries treat China with preconceived idea prejudice that hinders the concept of correct idea. In addition, the position of Chinese market economy is not widely admitted. If the government takes the initiative in the anti-dumping investigation, other countries may be hostile to even retaliate against it. The chamber of commerce as civil organization, representing civil strength, can weaken the politics color and the country color greatly. The anti-dumping investigation applied by the chamber of commerce can not arouse revenge. Enterprises are flexible but individual enterprise is weak. Also it is not better than the chamber of commerce in cost, talents technology and information. There is no doubt that the chamber of commerce should undertake the duty to apply for the anti-dumping investigation, becoming the one of the main bodies applying for anti -dumping investigation.Recently, from the developed country of anti-dumping practice to China, especially America, our government gradually realize that the chamber of commerce plays a vital role in anti-dumping activities, but they just realize the function in the response to anti-dumping, seldom pay attention to the function in anti-dumping. The present laws and regulations and scholars' research all mainly concentrates on dealing with anti-dumping investigation. The law hasn't involved and the scholars' research is few, too. Some researchers just mentioned the importance and give advice in a general way but not practicable and systematic. This article aims at analyzing the function of the chamber of commerce in terms of applying for the anti-dumping investigation.With the legal status of the chamber of commerce, there is few discussion in the theory field. Scholars just consider the chamber of commerce as commonalty. I think, the legal status of the chamber of commerce is that whether the chamber of commerce is admitted by law, carries out legal behavior in the name of itself and undertakes varieties of legal responsibility independently or not and so on. Chinese anti-dumping law must entitle the chamber of commerce to apply for anti-dumping investigation, can make the chamber of commerce have right to participate in anti-dumping investigation and undertake legal responsibility independently.This article focus on how to make the chamber of commerce play an important role in anti-dumping. The chamber of commerce should have been the bridge between the government and the enterprise, but actually, the chamber of commerce don't take action effectively. I think, main reasons are as follows: the chamber of commerce itself has the problem; the government don't fix its position properly and the law related to the chamber of commerce isn't perfect. In order to solve the problems, I put forward some measures: firstly, the chamber of commerce should be self-integrity, rebuild the structure of the chamber of commerce as a tree-shaped structure, strengthened the talent group and launch the publicity, training and international communication of anti-dumping. Secondly, the government should be self-integrity, it should make a clear relationship between the government department and the chamber of commerce. The government should cooperate with the chamber of commerce in anti-dumping activity, strengthen supervision and establish regulations of periodical investigation. The government should make regulations to reward or punish the chamber of commerce. The chamber of commerce which plays an active part in anti-dumping should be rewarded and those who refuse to take part should be punished. So the chamber of commerce will be more active. Third, the government should set up and perfect the law system for the chamber of commerce to take part in anti-dumping. One hand the government should make the basic law of the chamber of commerce to make clear the function, right and responsibility. On the other hand, perfect anti-dumping law to stipulate that the chamber of commerce is the main body of the anti-dumping investigation, entitle it to participate in the anti-dumping activity and set up legal responsibility and so on. By those measures, the chamber of commerce can play a more active role in applying for the anti-dumping investigation.