Comparative Study On Judicial Review Of Anti-dumping Between U.S.A And EU

The judicial review of anti-dumping is a basic relief system of the anti-dumping which is worthwhile studying,for its result affects not only interest of the relevant industry of import country but also that of the manufacturers and exporters of the investigated product of export country . WTO anti-dumping agreement has put forward the clear request for its member to set up the system of anti-dumping judicial review in its article 13. China's judicial review system of anti-dumping is established later, so some basic issues of theory and practice are to be solved. However,we can still draw many valuable experience concerning antidumping judicial review from the practice being followed in WTO member state. Among them, the United State system of judicial review of anti-dumping legislation can be called a model for countries around the world on the technical level, and the European Union anti-dumping system of judicial review enriched with so many years'judicial practices and cases has become a developed one, which may be directly referred to by China in its design of the same system.To this end, we study on the judicial review of anti-dumping between the United States and the European Union from the perspective of comparative law. On the basis of analysing the definition and the theoretical basis of the judicial review of anti-dumping, as well as the historical development in the United States, the European Union, we employ comparative method to carry on in–depth study the department of judicial review, the qualification of plaintiff, the scope of judicial review and the standard of judicial review of the United States and the European Union with microscopic view, and then combine case analysis. This better displays the current situation of the United States and the European Union in the area of anti-dumping judicial review system, providing precious experience for the development of China'own anti-dumping judicial review system.China'Standing Committee of the National People's Congress should be to enact antidumping law to establish and improve the system of anti-dumping proceedings, with the judicial review of anti-dumping as a special chapter. On the microscopic view, we can consider setting up a speicial court of international trade to trial anti-dumping cases, clearly define the qualifications of antidumping plaintiff and widen its scope, perfect the scope of judicial review of anti-dumping, and establish the standards of both respect and supervision.