On The Improvement Of The Chinese Anti-dumping Legislation

Anti-dumping is an internationally approved legal measure for trade protection as well as a popular means for domestic industry protection. It is frequently used by western countries as one of the best methods to protect national industrial interest.China is a country whose exporting products experience the most anti-dumping investigations, and after China's entry into WTO, more and more fields will be open to foreign countries, so dumping of many imported products will get more and more serious. Under such dilemma, as the heaviest victim to the abuse of anti-dumping measures, it is very necessary for us to pay attention to and make use of the relevant rules of WTO and the beneficial legislative experience of foreign countries to study on the improvement of our anti-dumping legislation.This paper proposes to discuss the international anti-dumping from the point view of theory relating to practice. This paper is divided into four chapters besides preface and conclusion. Chapter One is about the fundamental legal theory of anti-dumping. It begins with the concept of dumping and the determination of dumping. Then it discusses the industrial injury and determination of industrial injury. Next it introduces the causation of dumping and injury. Finally, it points out the three anti-dumping measures admitted by WTO: temporary anti-dumping measure, final levy of anti-dumping tax and export price undertaking. This chapter uses many cases to illustrate the abstract theory.Chapter Two is about the nature of dumping and anti-dumping and present situation of international anti-dumping. It first states that dumping is an abuse of free trade. While, anti-dumping is of dual nature, which not only can prevent dumping to achieve fair trading, but may also turn into a kind of non-tariff barrier because of its misuse. Then it describes the expression and characteristics of international anti-dumping, laying foundation for the proposal on the perfection of our anti-dumping laws in the following Chapter of this paper.Chapter Three is about the anti-dumping legislation of different nations in the world, with emphasis on those of Canada, America and European Union. The overall trend is that more and more nations are amending or making their anti-dumping laws according to international anti-dumping law. In this sense, it is necessary for us to perfect our anti-dumping law.Chapter Four first reviews the short history of our anti-dumping legislation, and gives a general evaluation to it. Then it points out some unreasonable regulations in substantive as well as procedural respect Regulations on Anti-Dumping of the People's Republic of China, and puts forward some proposals for improvement. This chapter is the core of the whole paper.