| According to statistics from the Ministry of Foreign Trade, by the end of October, 2002,about 33 countries and regions had launched 502 cases of antidumping investigation against our export products involving more than 4000 types of commodities, which checked our export trade amounting as high as 16 billion USD and caused China to be prime victim of global antidumping. Meanwhile, the dumping of foreign products to China leads to our annual loss of millions of dollars and unemployment or potential unemployment of hundreds of thousands of people, thus trapping China into a predicament of dumping and antidumping. Encountered with foreign antidumping, China's economic security has been severely threatened for its lack of perfect antidumping laws to punish and prohibit foreign dumping. Therefore, we should aim to establish and perfect our own antidumping laws so as to combat effectively against international dumping to China and appropriately alter the passive situation in which our export products have long been accused of dumping by foreign countries; Meanwhile, we should exercise correspondent trade revenge measures to fight against those unreasonable or insolent antidumping against China in order to protect our own goods effectively. Antidumping, a technologically oriented subject is a heated topic in economics as well as a difficult issue in law. The thesis, based upon penetrating analysis and sound understanding of our present antidumping laws, by means of experimental analysis, standardized analysis and comparative analysis, testifies to the necessity of establishing our own antidumping law and its value goals and further comes up with suggestions to the establishment of our own law of antidumping in the light of advanced experiences of Euro American countries and WTO.The thesis totally contains five chapters. Chapter One "General View of Dumping" presents the universally recognized meaning of dumping and analyses it from the angel of economics and law. From the angel of economics, dumping is a kind of price discrimination. Dumping in legal sense emphasizes more on the severe consequence that it inflicts upon the importing countries' industries. Chapter Two "Probing into the History of the Establishment of Antidumping Law in China and Its Necessity", by looking back to the history of establishment of antidumping law in China, analyses the inadequacy o f our present antidumping law system and accordingly derives the vitality of promulgation of antidumping law which is based upon the following three aspects: first, China has been trapped in a dilemma between dumping and antidumping and suffered an enormous shock in economy; secondly, as a member nation of WTO, China is heavily committed to make antidumping law in conformity with the requirement of WTO; thirdly, the existing Regulation of Antidumping has failed to cope with increasingly harsh world wide antidumping activities.Chapter Three "The Value Orientation of the Establishment of Antidumping Law in China" puts strongly that antidumping law is a branch of the administrative law whose value orientation should fit into each other. The author, from the point of view of the administer law combining with the characteristics of the antidumping law itself, analyses the value orientation of antidumping entity law and procedure law. Security and liberty are a pair of vital value goal whose meanings and requirements in law are analysed inside. With a view to the fact that China is a developing country, many industries in China are still on the phase of establishment, development and near-perfection that these weak industries are in urgent need of necessary protection from Chinese government.Therefore, the author concludes that more attention should be paid to security with due consideration to liberty. In the administer law, equilibrium and efficiency are two fundamental value goals while they have different implications in antidumping law. As a result, the author, on the basis of the analysis of the nature and the feature... |
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