| Along with the continuous deepening of economic globalization, more and more Chinese enterprises began to go abroad to the world. However, in the fierce trade friction today, if the trade-related legal system is not to be understood, would cause trade enterprises in the competition to combat, and even been forced to withdraw from the international market. China has it's accession to the World Trade Organization approaching five years in 2006, according to World Trade Organization statistics, in the first half of 2006, China has become a WTO member by the anti-dumping cases against the "big", the ratio as high as 36.8%, which is from the past have not achieved the level. At the same time also suffered 14 cases of anti-circumvention investigation, including one from the European Union, United States 2, Argentina 1, the EU has become China's biggest victim of anti-circumvention investigation. China, however, did not specify the implementation of the legal basis for the anti-circumvention investigation, the defendant companies only in a passive position. China is not targeted at foreign enterprises in China to avoid acts of anti-dumping measures initiated with the anti-circumvention investigation, and as a result of China's anti-dumping actions to avoid further devastating.In this paper, study anti-circumvention history of anti-circumvention legislation major countries (EU and the United States),and offer suggestions and proposals to China's anti-circumvention legislation for the establishment and improvement.And Introduction of the proposed theme of this study and literature review, the methodology and structure of papers were presented. Chapter 1 is about circumvention and anti-circumvention and their development. The avoidance behavior on the part of anti-circumvention measures and a detailed presentation and explanation of the European Union and the United States and to avoid the creation and evolution of anti-circumvention for clues on the dumping - anti-dumping - to avoid - the evolution and development of anti-circumvention made clear Carding. First of all , introduces and manifestates the appearance and the definition of circumvention. After that, defines on the basis of evasion, avoidance and clarify the existing dumping relevance, and differences between them. Then the anti-circumvention measures, as well as the formation of the concept of anti-circumvention measures to be clearly defined. Secondly, introduces the European Union and the United States on anti-circumvention measures in the early practice, the anti-circumvention measures that the last generation and the development of the impact of international trade.The second chapter is of the international anti-circumvention legislation and the main anti-circumvention measures elaboration and analyse. This is the focus of this paper, from both the substantive and procedural law of the European Union, the United States and Tang Kerr anti-circumvention provisions of the draft analysis, with a view to better reflect the substantive and procedural law of the different national legislation Department. First of all is international anti-circumvention legislation on the part of the entity for research. It is divided into three sections, the first part of the substantive law of the EU' s anti-circumvention elaborate and research. The part of the EU anti-circumvention legislation through the evolution of the EU anti-circumvention rules of the entity content (the types of circumvention and that standards) analysis presented in this paper closely Regulation No. 461/96 of the European Union as anti-circumvention legislation in detail analysis. Under the existing legislation, only the EU acts to circumvent the general definition. In this paper, Regulation No. 461/96 has the definition of re-translation, and the European Union on anti-circumvention legislation is studied with this concept as the starting point. In the second part of the substantive law of the United States, the United States anti-circumvention were studied. The part studies the United States anti-circumvention legislation through the evolution of the United States as anti-circumvention rules of the entity (the type of circumvention and that standards) for analysis and presentation, and its anti-circumvention rules of the entity content is carried out. In the third part, the WTO Dunkel Text introduced the anti-circumvention provisions. Dunkel Text is a compromise, this part discusses the compromise with the reasons is that the anti-circumvention provisions of Deng shekels from the harmonious development of the world economy perspective, the value of its anti-circumvention legislation objectives focus on orderly and fair. GATT and the WTO has been committed to the establishment of a fair, rational, orderly, transparent mechanism operable anti-circumvention, and the key to achieving this goal is in the maintenance of the efficiency and economies of the member states of the free trade order, to find a point of balance. Second on the international anti-circumvention of the legislative process for research. International anti-circumvention of the legislative process research is divided into two parts. The first part is the EU' s anti-circumvention law on procedures. Here is details of the EU' s anti-circumvention investigation authorities, the investigation procedures, customs registration system, the waiver system and the implementation of anti-circumvention. The second part is about the anti-circumvention procedures law of the United States, the United States presented a detailed anti-circumvention investigation authorities and investigative procedures. EU and the United States anti-circumvention procedural law system for China's anti-circumvention of the legislative process has provided a good model. Finally summed up the characteristics of the international anti-circumvention legislation,as China's anti-circumvention legislation establish a sound system of reference.Chapter III is the status of China's anti-circumvention legislation as well as forward-looking. First, the status of China's anti-circumvention legislation was introduced. China's anti-circumvention legislation has not yet formed a complete scientific system, but facing the international anti-circumvention and evolving challenges. China and other countries on anti-circumvention survey in each other, they also highlight the building of China's anti-circumvention legislation and the need for urgency. Under such circumstances, the author proposed anti-circumvention legislative proposals. China first proposed the building of anti-circumvention legislation should follow the general principles of fairness and order should be under the principle of safeguarding the purposes and to abide by the WTO, and convergence with the international anti-circumvention measures. At the same time, in light of China's own characteristics, he can not be blind, mechanically copying the program. Here, I particularly stressed in the national system under the one country, two systems, China's Hong Kong, Macao and Taiwan regions should be developed according to their own circumstances anti-circumvention laws and regulations, from the last substantive and procedural law both on the improvement of anti-circumvention legislation put forward some concrete proposals. Perfection of anti-circumvention legislation regulating entities, it should be clear to the main anti-circumvention measures, time conditions and avoid acts that standard. China's anti-circumvention legislation and improve the procedural norms,it should be clear the implementation of anti-circumvention investigation and the main organs of authority, the timing of the implementation of anti-circumvention measures and clearly defined the investigation procedures. Finally, anti-circumvention provisions of the survey to judicial relief procedures should be established at same time. China should consider the positive effects and negative effects when it establishes the anti-circumvention legislation.We conclude once again expounded China's anti-circumvention legislation in the construction of a system, we need to use anti-circumvention provisions of the acts by foreign dumping of domestic industries to legal relief; on the other hand, we should pay attention to prevent it from becoming an instrument of trade protectionism and disrupt international trade order, and harming national investment environment. The innovation lies in this: First, the topics of urgent practical significance. Anti-circumvention is the area of international trade in a forceful new trade protection measures, other countries have already started to make use of anti-circumvention measures to meet the exporters circumvent anti-dumping duty behavior. China frequently subjected to foreign anti-circumvention investigation after it's accession to the WTO, but China has no comprehensive anti-circumvention legislation to deal with foreign avoidance behavior. This makes our country in the international trade of the legislation do not have such advantages. Improve our country's anti-circumvention legislation, which is to promote choice of China's foreign trade development and the protection of the interests of domestic industries will be very important practical significance; second, a small but perspective. The core of the anti-dumping law is that the dumping and anti-dumping investigation, anti-circumvention legislation avoidance behavior is the core of the anti-circumvention investigation and identified. The former belongs to the anti-circumvention legislation regulating entities, while anti-circumvention legislation regulating the procedure. In this paper, study from both substantive and procedural to improve our anti-circumvention legislation, put forward proposals in the hope that China's anti-circumvention legislation could as soon as possible catch up with international trends,and our anti-circumvention legislation could occupies an important place in international anti-circumvention field, and better protects the identity of domestic industries and international trade fair and impartial, and the purpose of safeguarding WTO as a world trade power countries.
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