The Conflict And Coordination Between Anti-dumpling Law And Anti-monopoly Law

Anti-dumpling law and anti-monopoly law are two jurisprudences which belong to different areas of a country. They associate with each other to some extent, but at the same time they conflict with each other in valuation and cognizance. Since anti-dumpling law has fallen as tool of commercial protectionism, it affects competition negatively. Thus the conflict between anti-dumpling law and anti-monopoly law become more and more obvious. In order to coordinate their relationship, the academe has brought forward various blue prints and some international communities have made many efforts. At present, commercial protectionism prevails, but it is impossible for the international anti-monopoly law to come on. Thus to amend anti-dumpling law becomes the best blue print. It will be helpful for the coordination of the conflict to translate the standpoint of protecting the competitors into protecting competition and throw more competitive spirit.The first part is the theoretical foundation of the research. The author analyzed the original idea of anti-dumpling lawmaking and anti-monopoly lawmaking, furthermore discussed the connection and distinction between the two laws in terms of the course of the origination and development of the anti-dumpling law and anti-monopoly law. The analysis focused on the relationship between the trade policy and competition policy and put forward the reasons for such conflicts.The second part analyzed the forms of conflict between the anti-dumpling law and anti-monopoly law and discussed the deep conflict of the two laws in valuation, cognizance, relief measures, implementation effect and executing course in detail.The third part explored the methods of coordinating the anti-dumpling law and anti-monopoly law. Firstly, the thesis discussed the reform blue prints of the conflict which were put forward by the international economic field and academe. At the same time, the author analyzed the feasibility of the blue prints respectively and brought forward the present argument that it was a feasible blue print to amend the anti-dumpling law through competitive rules. Secondly, the author introduced a series of research and efforts made by some international communities to coordinate the conflict between the two laws. The international communities coordinated the conflict through bilateral and multilateral cooperation. The commercial policy and competition policy interaction group of WTO also took it as the important topic for discussion. The conflict and coordination have attracted much attention in the world. Though bilateral cooperation and multilateral cooperation have made many achievements, at the same time, it is obvious that the effect of the territorial cooperation is limited.Based on the challenge and current situation of lawmaking in the field of anti-dumpling and anti-monopoly, the fourth part put forward how to amend anti-dumpling law and anti-monopoly law of our country. Thus the standpoint and attitude we should take to amend commercial policy and competition policy are clear. According to the present developmental situation of economy, the state should make competition policy a priority, at the same time carry out moderate commercial protection policy. Furthermore, our state should participate in the international anti-dumpling and anti-monopoly cooperation and defend our nation's interest in negotiation. The author believe that our nation should follow the principle that the state should pay equal attention to the anti-dumpling law and anti-monopoly law so as to safeguard fair competition and national economic security.