Study On Public Interest Principle Of Anti-dumping System

To protect domestic industries from being damaged by dumping activities is the most direct objective of anti-dumping system whose legitimacy. Yet being increasingly frequently resorted to on a much broader range of products, is exposed to more and more questioning, the reason is the paradox of harming the interest of downstream industries and consumers while protecting domestic manufacturers. By introducing into the principle of public interest of anti-dumping system, it could be avoided that anti-dumping degrades to be an umbrella covering solely the interests of certain blocs in the domestic manufacturing industries. Based on such consideration, some countries and regions are planning on introducing or have already introduced the public interest principle into the law-making process of anti-dumping system. The stipulation of public interest principle in China's current anti-dumping system is more like principle statement and lacks actual practicability. Hence, it is both theoretically meaningful and practically useful for the further development and perfection of China's anti-dumping system that we actively analyse and research the legitimacy and connotations of the public interest principle's establishment in it and also study major WTO member countries'successful experience in their domestic legislation and jurisdiction.An expounding approach consisting of examples, comparisons and historical analysis is used for the research of the public interest principle in the anti-dumping system. Firstly, the thesis derives denotations and connotations of the public interest principle in anti-dumping system from an analysis from the economic and judicial points of view. Immediately follows a detailed introduction to the public interest principle in the anti-dumping system of WTO and its major members like EU, Canada and USA. The introduction focuses on the aspects of legislative body and procedures and gives a detailed comparison of cases in which EU, Canada and USA etc successfully use public interest principle in their practice of anti-dumping system. Finally, insufficiencies related to the public interest principle in China's anti-dumping system and measures to perfect China's legislation and practice of proceedings are suggested for reference in light of China's actual situation.