Research On Reforming Anti-dumping Law From The Perspective Of Competition Law

With the development of international trade, Anti-dumping Law experienced from scratch. After its long process of development, the forms of Anti-dumping Law contain the domestic legislation and international agreements. In this process, Anti-dumping Law has taken place in enormous changes in the purpose of legislation, the basic framework and system design, etc. These changes have resulted in the change of Anti-dumping Law's role in the development of international trade. Anti-dumping mechanism has altered its role from the security system of fair competition in international trade to an instrument for trade protectionism. In fact, anti-dumping measure has been a non-tariff barrier, which hindering the development of international trade. In order to avoid anti-dumping measures against the development of international trade, domestic anti-dumping laws and multilateral anti-dumping agreements all contain entity rules and procedural rules on taking anti-dumping measures, so that the conflict and friction on anti-dumping problems could be reduced through the legal system of regulations. However, as a result of the flaws in the theoretical basis for anti-dumping legislation and the trade protectionism character of the system design, the actual results of anti-dumping mechanism are not conducive to the overall development of the international economy. This is why some countries, whose economic interests are damaged by the implementation of anti-dumping measures, begin to advocate reforming the existing Anti-dumping Law, so as to change its character of an instrument for trade protectionism. In theoretical circles there is talk of programs to reform Anti-dumping Law and three options are put forward finally, including "abolish the law of anti-dumping", "replace the law of anti-dumping with Competition Law" and "improve Anti-dumping Law". In order to clear the future of Anti-dumping Law, the author explores the direction and the starting point of the reform of Anti-dumping Law. China could safeguard her own rights and interests fairly and legally through the exploration, when the government has to use anti-dumping measures or response to anti-dumping measures. The direction of the reform of Anti-dumping Law could be determined by the analysis of the three options from the perspective of the theory and practice, namely the view of Competition Law. With a view to proving the feasibility and rationality of the direction of the reform, comparative and empirical research methods are used in this paper. The author discusses the question from two aspects, namely the relationship between Competition Law and Anti-dumping Law and the practice of the reform of Anti-dumping Law in international trade. The author also discusses the significance of reforming Anti-dumping Law from the perspective of Competition Law. After the direction of the reform is determined, the author studies the starting point selection problem of the anti-dumping law reform at this stage from both theoretical advantages and practical feasibility. The author provides specific measures to reform Anti-dumping Law, when the direction of the reform is chosen as reforming Anti-dumping Law from the perspective of Competition Law and the starting point is anti-dumping-oriented. The significance of theoretical study on the direction, the starting point and specific measures of the reform, means the role in guiding the reform of domestic anti-dumping laws or international anti-dumping agreements. The author links theoretical study of Anti-dumping Law and the anti-dumping practice of our country finally and explores the question of the reform of China's Anti-dumping Law. Faced with the development of China's foreign trade, the overall concept of the reform of China's Anti-dumping Law is provided. Under the guidance of the overall concept, specific aspects of the reform of China's Anti-dumping Law are discussed.