Anti-dumping Circumvention Legal Issues

In the Nowadays world, along with the increment of the degree of the economic globalization and the fusion of economies of each country, more and more new law problem appears one after anther. All countries government also looking for the homologous counter-plan. The circumvention problem in anti-dumping is one of lately- appear tougher problems in recent years. Its emergence changed the structure and form of the international trade in some extent, even having the determination of the further international trade. It is a very important issue. The emergence of the circumvention behavior indicate that the word economic globalization progress going fast to some extent , but, with it is opposite the anti-circumvention measure was argued on it's appearing .It was thought that it departures the aim and principles of the WTO. But, along with the countries economic contact strengthen, anti- circumvention measure's validity also accepted by people. In developed countries like Europe, USA, their anti- circumvention legislation is perfect, not only the entity detailed and evadable, but also even their the strict restrict on the procedure, this guaranteed to some extent anti- circumvention measures justice Nevertheless, within the scope of world there is no unifying anti- circumvention legislation. The reason in which is various, the most basic reason lies in the legislation of all countries' development degree different, can hardly reach the consistent opinion. But, in regard to the whole legislation development regulation, unify within the scope of world anti- circumvention legislation is necessary, also probably. In regard to our country, the anti-circumvention legislation is little and little, the our country is latest of "anti-dumping regulation" article 55 regulation rules settle the department concerned and can adopt the anti-circumvention measures to prevent circumvention behavior. But there is no concrete entity and the procedure This text is to study the circumvention and anti-circumvention issues for the direction, try to clarify this problem's happen, develop, and latest progress, analyze this problem to our country of foreign trade, the influence to the invest outward, thus put forward the homologous suggest: First, to raise our country anti- circumvention legislation's level. Then, carry on anti-circumvention behavior's cognizance, the body which to carry on the anti-circumvention research, confirm the advantages and disadvantages people, the investigate procedure etc. Each aspect should be embodiment in the new legislation, in order to incarnate the WTO's legislation spirit.This text is divided into totally four chapters, but not includes the preface and the tag:Chapter one: circumvention and anti- circumventionFirst discuss the definition of the circumvention behavior and the anti-circumvention. When contrast the definition of circumvention of Europe and America etc, the writer oneself who put forward concerning the definition of the circumvention behavior and anti-circumvention behaviorThen research the relevant circumvention behavior and anti-circumvention behavior's background of creation, and also analyze the reason of the circumvention behavior's happen. This chapter also combines the circumvention and the anti-circumvention, and analyzes this problem in legal theory and in value theory. Discuss the anti-circumvention' legitimacy and rationalities, point out: legislation of the anti-circumvention in the world scope is an irresistible general trend.Chapter two, Compare the anti-circumvention legal system of the Europe and America.This chapter first researches the legal system of the EU and America in demonstration aspect; this is the most advanced theory production of the anti-circumvention. And at last, carrying on the comparison with two anti- circumvention law systems, the analysis among them sameness and the difference, thus point out, only comprehensively the two's excellent and the inferior, then can draw up more perfect and anti-circumvention law.Chapter three, the relevant anti-circumvention legal system's research of the WTOIn this chapter, emphasized to discuss the possibility and necessities of the establishment of the anti-circumvention legal system under the system of WTO of the law system, and discussed "the anti-circumvention the informal group" under the anti-dumping committee of WTO which carried on the" Dunkel draft", then put forward to unify anti-circumvention legislation within the scope of the world scope under the WTO.Chapter four, consider and suggest of the present anti-circumvention legislation of our countryIn this chapter, discuss the present of anti-circumvention legislation and the present practice, and make a good thinking, about the problem of our country ,in this chapter we make a heartlessly reveal, in order to wish to solve problem. Finally ,this chapter make a good advice for the corporation of our country in how to reply the abroad of anti-circumvention and how to valid the reasonable make use of nations anti-circumvention legislation, And also make advice for the future legislation of our country anti-circumvention.