| With the rapid development of economic globalization, governments of all of the world demand that the other countries should open their market to feign businessmen, goods and capital. On the other hand, they take all measures to limit or exclude foreign goods from entering into their markets. Anti-dumping is one of the important measures. As the represent of the public power, governments have an unmatched advantage in anti-dumping compared with other bodies. By virtue of the advantages in legislation, policy, information, resources, influence and so on, governments can initiate anti-dumping investigations by itself or by the applications of the domestic companies, industry associations, business unions, other civil social organization or trade unions. Then they take all necessary measures to protect the national security, the normal order of the domestic market and the healthy development of national industries, as well as the long-term interests of the national economy. Non-governmental anti-dumping will still come true by the anti-dumping duty of governments. Whether there are detailed, specific and completely provisions on the anti-dumping duties of governments or not and whether the governments carry out their anti-dumping duties actively or nor are the key to the anti-dumping duties being carried out effectively in a country.It is important to compare with the legislations on the duties of governments between China and the Unites States. The reason is that the anti-dumping laws of the United States are called as the best anti-dumping laws in the world, specially to its specific, completely, effective provisions on the anti-dumping duties of governments, which sets an example to the anti-dumping laws of China. There are great differences in the government's roles in the Chinese anti-dumping laws and the American anti-dumping laws: the role of the American government in the practices of anti-dumping is active. They do what should be done and do not do what should not be done and the powers and responsibilities are clear. However, the role of the Chinese government is passive and their powers and responsibilities are unclear. The different positions of role reflect in the different obligations to the American government and the Chinese government. The specific performances are as follows:Firstly, the governmental duties of the anti-dumping cases are different. Both China and the United States have provided two forms: one is in accordance with the application, the other is in accordance with the terms of reference. Because the American anti-dumping provisions of the conditions of the applicant qualifications, industry supporting are relaxing, and the period of government review is shorter, compared with Chinese, so even in filing in accordance with the application, American anti-dumping laws strengthen the government duties in filing the anti-dumping cases too. Filing in accordance with the terms of reference, the American laws directly provide that the American government have the obligation to file in accordance with the terms of reference, and almost do not restrict the conditions. Contrasting to America sharply, form the perspective of power, The anti-dumping laws in China provide that filing in accordance with the terms of reference should fulfill the statutory conditions and it is limited to the only "special circumstances".Secondly, the governmental duties of anti-dumping investigations are different. There are many differences in the governmental duties of anti-dumping investigations between China and the United States, such as the survey body, the survey content, the survey ways, the survey methods, the survey object, the survey means, and so on., The governments of the United States have a strong sense of anti-dumping investigations, attach great importance to anti-dumping investigations, establish a comprehensive body of anti-dumping investigations, and the content of investigation is clear, the ways of investigations are diversification, which are the anti-dumping laws of china to be improved.Thirdly, the governmental duties of implementing anti-dumping measures are different. Whether the temporary anti-dumping measures, the commitment or agreement, or the anti-dumping tax, the American government have a relaxed conditions to implement those anti-dumping measures, which is in favor of achieve the purpose of trade protection timely and effectively.Fourthly, the governmental duties of administrative review are different. The differences in the governmental duties of administrative review between China and the United States are as follows: the kinds of administrative review, the bodies of administrative review, the duration of administrative review, the proceedings of administrative review, the contents of administrative review, the results of administrative review, and so on. The provisions about the governmental duties of administrative review are examples to obey the rules of WTO completely and effectively in the United States. On the one hand, complies with the WTO rules by amending its domestic laws and fulfills its treaty duties. On the other hand, makes the full use of the spaces allowed by WTO rules to maximize the interest of the America. American administrative review always puts the national interests in the first. The proceedings of administrative review are open and transparent. And there is a comprehensive restricting mechanism including internal constraints and external constraints. In contrast, the provisions of the governmental administrative review in Chinese anti-dumping law are imperfect, which are needed to be further improved.Fifthly, the governmental duties of anti-circumvention measures are different. The legislations of anti-circumvention in China are too general and are not operational. However, the legislations of anti-circumvention in the Unites States provide detailed about circumventive object and scope, the standard of circumventive acts, anti-circumvention measures and the relief measures, which provides a good reference to the Chinese legislations of anti-circumvention.The different locations of the American government and the Chinese government in anti-dumping lead to the different situation in foreign markets between the Chinese products and the American, products In recent years, the foreign products have dumped large -scaly in the market of China and the provisions of the governmental anti-dumping duties are too simple, which make our many products lose the domestic market rapidly. With the occurrence and development of the financial crisis and the foreign anti-dumping investigations and anti-dumping sanctions to China launched frequently, the foreign market declines or even loses too. However, the anti-dumping laws of the Unites States pay attention to the strict duties of governments in anti-dumping. It prompts the governments to use the anti-dumping laws well to prevent or resolve the foreign products' dumping in the market of the Unites States, to protect its domestic market share, to safeguard its national and national enterprises' interests and to make the governments of the Unites States promote actively the U.S. products to expand their foreign markets at the same time.In order to promote the development of anti-dumping woke smoothly and safeguard the legitimate rights and interests of nation and enterprises, as well as the long-term interests of citizens, reference to the provisions of governmental duties in the anti-dumping laws of the United States, we should improve the provisions of the governmental anti-dumping duties in China form the following aspects: firstly, to strengthen the anti-dumping obligations of government. The obligations should be run though the whole process of the anti-dumping; secondly, to set up comprehensive anti-dumping bodies. Those bodies have clear power and responsibilities and corporate or constraint with each other; thirdly, to put the national interest in the first, which is the starting point and the end of all the anti-dumping work of the government; finally, to improve the China's legal system of anti-dumping further. |
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