Study On Judicial Review System In Anti-dumping Legislation

At present, laws, administrative laws, and judicial interpretation of SupremeCourt, symbol that we have basically established anti-dumping judicial review. But,because of the difference of countries's feature, difference of the promise to WTO,our country's judicial review system is naive in contrast with US, EU' s legislation,which have more mature substantial law system and more operational proceduralsystem. We do not have perfect law system, and do not accumulate enough experiencein judicial practice. There is no unified conclusion about anti-dumping judicialreview' s scope, subject, standard and so on. So, under such backgrounds, referring tothe regulations and actions about anti-dumping judicial reviews in WTO, Europe andUS, and the present theory and practice of our country on this respect, the authormakes some research and explanation, which provide some suggestion to develop andperfect the system of our anti-dumping judicial review.The first part is mainly about the introduction to the author's reason for selectingthis thesis, and main problems which will be elaborated.The second part concerns judicial review and its origin, anti-dumping judicialreview is also mentioned.The third part demonstrates the contents of WTO anti-dumping judicial reviewsystem, include judicial review's subject, scope, as well as standards and judgingapproach.The forth part explains the European and American countries' anti-dumpingjudicial review system, including judicial review's subject, clients, and scope,standard. There is comparison between US and European' s judicial review at the end.The fifth part introduces our country's anti-dumping judicial review systemsituation first, then focuses on concrete substance, like scope, subject, standard and soon.The sixth part analyzes the perfection of our country's judicial review system,including the problems existing and perfection of subject of anti-dumping judicialreview, the review scope and the standard. Finally the author mentioned theadministrative reconsideration in anti-dumping area, suggesting that we abolishadministrative reconsideration of anti-dumping, In order to confine the abusing oflaw. The last part is conclusion. It contains summary of this thesis and comments tosome emphasizes which author do not touch upon.The author tries to make a comparison and make the improvement suggestionsthrough the brief demonstration on WTO, European and American countries'anti-dumping judicial review system as well as our country's anti-dumping judicialreview system regulation. Hopefully, it will be much help on our country's relatedlegislation.