On China Foreign Trade Law "anti-circumvention Law Perfect

Along with customs duty decreasing and the non- tariff barrier's limited use, gradually becomes the one kind of important non- customs duty trade measure that various countries use to prevent or stop dump behavior, and to protect home industry. Therefore, various countries revise and consummate legal system. Our country's legislation and practice start quite late, and experienced the difficult course form frequently suffered antidumping indictment, passive answer to crack down on overseas dump initiatively. In order to take better sue and sanction, China started the antidumping legislation practice in 1994.In recent years, our country's antidumping legislation and practice has made very big progress. The government unceasingly takes the measure to instruct the enterprises. The enterprises' consciousness about answering sue and vindicating right unceasingly strengthens. In international circumstance that under the increasingly fierce struggle between dumps and antidumping, evading and anti-evading .On the one hand, various governments unceasing revise antidumping legislation, expanded its use scope, strengthens its potency, and protects their own industry's benefit and development; On the other hand, various countries' exporter unceasingly transforms the dump method , adopts many kinds of evading measure to evade the countries' antidumping measure. In the contest, anti-evading legislation is produced and consummated day by day. It can be said that, anti-evading measure is extending and deepening of antidumping measure, anti-evading legislation is supplement and the development of antidumping legislation.But regrettably, anti-evading has not been brought to our enough attention in our country. At present very few people in our country involve this question in their research, moreover they are merely limited in the foreign law simple introduction. In view of this, the author although deeply feels has little talent and learning, still with great courage to carry on the analysis and research with the front question of anti-evading in antidumping domain .By offering a few introductory remarks, I wish others may offer their valuable ideas, to contribute to our country's anti-evading legislation.This article analyze and introduce the development, present situation and application practice situation of evading legislation, and tries to carry on the comparison and the appraisal of European Union, US, GATT anti-evading legal framework. On this foundation, the author proposed some idea and the suggestionabout our country's anti-evading legislation from angles of legislation principle, substantive law standard, procedural law standard and so on.