Anti-dumping Issues On The Public Interest

In international trade, anti-dumping, for various reasons, are being more and more countries used to protect the interests of their domestic industries, the spread of trends is seriously hampering the normal development of international trade. However, in the survey countries, the anti-dumping measures taken Diesu product prices rose sharply, leading to complaints industries and production and operation of downstream users and consumers increasingly acute contradictions between, so that the investigating authorities have to consider the upstream and downstream interests, including the public interest.The public interest is essentially the overall interest. In anti-dumping public interest can be understood as domestic complaints industries, importers and distributors, downstream industrial users, consumers and other stakeholders, as well as the interests of competition in the market order, the country's external trade and economic relations, such as the state's overall interests.At present, the WTO, EU, the United States, Canada, and other countries and organizations all have provisions in their respective anti-dumping laws; also many provisions of the applicable cases are related in practice, particularly the most advanced in the EU.In our country, the public interest problems also involved in the 2004 version of the"anti-dumping regulations", but all provided very unsystematically, too many principles of the provisions discounted the operation in reality. Therefore, it's very meaningful to study the advanced experience of the world to perfect our country on the public interest in the legislation and practice. Based on this, this paper uses historical analysis, comparative analysis, the theoretical analysis and case analysis, starts with explore the origins and historical development trajectory of public interests, combines with cases related to the WTO, the EU, United States, Canada on the public interest, such as the advanced legislation and practice, probes into the deep theories, analyze their characteristics, and summarizes the experience and inadequate of the countries in their way of the public interest, combing our country's actual conditions ultimately to suggest the terms of the public interest that the proposed legislation put forward, while be against foreign anti-dumping investigations making use of the provisions of foreign public interest.This paper is divided into four parts to discuss the anti-dumping issue on the public interest, as follows:The first chapter is anti-dumping and the basic theory of public interest. Broken down into two sectors, the first quarter gives general description of dumping and anti-dumping theoretical overview, introduces the definition and standard of anti-dumping, as well as value orientation and limitations of anti-dumping laws. In the second sector that is the public interest principles of anti-dumping laws, a simple introduction is made of the public interests of the background, roles, and a simple goal, and precisely defines the concept of public interest on the basis of previous studies.Chapter II is about the legislation and practice of the members of the WTO on the main interests of the public. This chapter has four subsections, separately describes the WTO, the EU, the United States and Canada's anti-dumping principle of public interest in the legislation and practice with cases, analyze and evaluate their characteristics, identify its experience and inadequate, and in the last of this chapter, summer up their legislation and practice on the principle of public interest.Chapter III is the practice of our country's anti-dumping on the principle of public interest. Firstly on the principle of public interest in our country's legislative status and the shortcomings, and then through the typical cases of our country summer up the problems that exist during the practice of the public interest.Chapter IV is the focus of this paper and innovation lies. In this chapter, combing with the above three chapters of exposition, improve our legal principle of public interest consideration by borrowing from other countries'experience on the principle of public interest legislation and practice: the suggestion of improving on the legislation (substantive and procedural laws) of the anti-dumping principle of public interest; on the practical application of the principle of public interest response.So far, all countries are on the ascendant of the principle of public interest, are on the in-depth and continuous development. Our country's research in this area has only just started, but we should take the attitude of long division razed technical, strengthen continuously the study and research, , learn the maturity of the outstanding of other countries in the public interest, to avoid the legal loophole to avoid national interests being damaged.