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International Anti-dumping Circumvention System In Legal Research

Posted on:2006-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y XuFull Text:PDF
GTID:2206360155461231Subject:Law
Abstract/Summary:PDF Full Text Request
This paper combines economy related theory with law theory as foundation. The author tries to use both methods to study problem and solute problem.Today the international trading competition increases intensively. We will not only advocate fair competition, but prevent not fair practice. Use existing measure to protect our own reasonable benefit. Anti-dumping measure is approved as "fair trade" weapon by WTO. More and more countries and regions have established own anti-dumping law to confirm and resist dumping behavior.Along with the unceasing development of world economy, each country reinforces anti-dumping measure. In this field have again arisen new problem — anti-circumvention. That means the exporter who have been levied anti-dumping tax unwilling lose the market, so they will adopt various measure with avoiding import country initiate anti-dumping. It is necessary for import country to adopt legal sanction for above-mentioned behavior. Anti-circumvention, developing as the logic of anti-dumping, has its deep history, society and economic background. Anti-circumvention legislation should stand in the legislative purpose of anti-dumping law, follow the legislative principle of anti-dumping law.This paper divides into 4 parts totally: the first part has introduced anti-circumvention general situation, including its produce process, as well as the worldwide legislative general situation of this problem. The second part is the analysis of anti-circumvention. It lays stress on the insight into its rationality and validity, as well as its positive and negative role. In the third part, the author contrasts legislation on anti-circumvention in America and European Union. This part introduces expression form of circumvention, the calculation method of accessory value, the rule of original, anti-circumvention measure and how to confirm anti-circumvention behavior. Meanwhile, the author also approaches the anti-circumvention clauses in Dunkel Text.The fourth part is the study goal of this dissertation. Seeing that our legislationon anti-circumvention is poor, the author uses the advanced legislation experience in U.S. and EU for reference. Our legislation on anti-circumvention should make progress in several following respects: substantive law, procedure law and judicial censorship, in order to lower its negative effect. As a member of WTO, we should accelerate the pace of anti-circumvention legislation; establish the system of anti-circumvention law as soon as possible. Through legislation we can protect domestic industry, to prevent foreign unfair competition.
Keywords/Search Tags:circumvention, anti-circumvention, anti-dumping, legislation
PDF Full Text Request
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