Consumer Protection In Anti-Dumping Law, In Perspective Of Economic Law

In international trade, antidumping, as a measure of trade protection, is playing a more and more important role, whose negative effects have appeared gradually when being employed more frequently and in larger range. It is of no doubt that interests of consumers, who are disadvantaged groups of the society, will be damaged by the rise in price caused by employing anti-dumping measures. But neither have the scholars done any research theoretically in this issue, nor have most of anti-dumping laws regulated this problem. Some anti-dumping laws, e.g. COUNCIL REGULATION (EC) No 384/96, only prescribe consumer protection with some kind of book-phrases in Public Interest Clauses, without detailed guarantee in procedure. Why are consumers harmed in anti-dumping? What is the relationship between consumer protection and Public Interest clause of Anti-dumping Law? What is the nature of anti-dumping law? How to protect consumers in anti-dumping? These are all arguable questions.This paper, which is consisted of three parts, discusses consumer protection in anti-dumping law in perspective of economic law.Partâ… , Consumers Being Harmed In Anti-dumping, Status quo And Reasons. First, introduce the status quo of consumers being harmed in anti-dumping by instancing EU, the USA and China; second, analyze the reasons of consumers being harmed in anti-dumping from aspects of economics and law.Partâ…¡, Status of Consumer Protection in Public Interest Clause of Anti-dumping Law. First, illustrate the definition and characteristics of"Public Interest", also the development and significance of Public Interest Clause of Anti-dumping Law; second, illustrate Public Interest Clause of Anti-dumping Law in perspective of economic law by analyzing the relationship between anti-dumping law and economic law in three aspects, indicate that anti-dumping law possesses characters of economic law, conclude that Public Interest Clause is an embodiment of Social Commonality of economic law in anti-dumping law; third, indicate that consumer protection is an essential part of anti-dumping, which possesses characters of economic law, instance WTO Anti-dumping Agreement, anti-dumping legislation of EU, Canada and China, in order to explain how Public Interest Clauses of anti-dumping law protect consumers nowadays.Partâ…¢, Frame of Consumer Protection System in Anti-dumping Law. First, consumers should be entitled with rights of participating in anti-dumping investigation, including consulting information, requiring hearing of witnesses and requiring information disclosure; second, administration in charge of anti-dumping should take proper anti-dumping measures in the final verdict, including taking no anti-dumping measures and taking limited anti-dumping measures; third, if consumers could not be protected by the two methods above, consumer public interest litigation in anti-dumping should be adopted to protect consumers.The main research method of this paper is to analyze the status quo of consumers being harmed in anti-dumping by economics and law, to illustrate anti-dumping law and Public Interest Clause of Anti-dumping Law in perspective of economic law and advance consumer protection is an essential part of Public Interest Clause of Anti-dumping Law, which could be the theoretical basis of consumer protection in anti-dumping. Meanwhile, by analyzing how anti-dumping laws of WTO, EU, Canada and China protect consumers, this paper suggest a frame of consumer protection system in anti-dumping law, which could be the procedural guarantee for consumer protection in anti-dumping.Without neither scholars'notification and theoretical research, nor regulation of anti-dumping law, consumer protection in anti-dumping is a vacant but crucial part in anti-dumping law. This paper is aimed to provide consumer protection in anti-dumping with theoretical support by analyzing anti-dumping law's characters of economic law, and procedural guarantee by designing a frame on ground of economic law theory.