Anti-dumping Alternative State System

Surrogate country system or analogue country system in the anti-dumping lawfield, is a series of special legislation and regulation for non-market economy orstate-controlled economy countries. But such important problems have beenignored by Chinese legal research in the past years, or at least the existing researchis not enough. In this essay, great importance has been attached on the issue ofnon-market economics in the field of anti-dumping law.The partⅠdeals with the reasons and the legislation processes of Surrogatecountry system. This part begins with its birth and institutionalization. Then thethesis analyzes the academic, historical, political and economical reasons that leadto the birth of the surrogate country system. The partⅡis on the provisionsconcerning non-market economy in GATT/WTO anti-dumping legislation,surrogate country system in U.S. anti-dumping law and analogue country systemin EU anti-dumping law. Until now, there is neither clear definition nor standardfor "on-market economics". The international legal system related to the form ofsurrogate country system is largely depend on the influence of the U.S. and EU.The partⅢconcerns different theories on surrogate country system or analoguecountry system in anti-dumping law field and provides a proper and objectiveprospective on it. Viewing this problem from different perspectives, all thesetheories seem somewhat reasonable, however, generally speaking, surrogatecountry system becomes the obstacle of the free trade aim of WTO. The last partputs forward some countermeasures of responding and preventing anti-dumpingcomplaints by foreign countries. Our government should make full use of themultilateral trade system of WTO, in the mean while, speeding up the reformprocess of our macro-control efforts. Our enterprises should collect moreinformation about the commerce and legal system before we enter into a newmarket and adapt more active measures in respond to the lawsuits.In general, the main idea running through the monograph is the surrogatecountry problem in the anti-dumping law territory. However, the purpose of theresearch on this subject is to provide proper countermeasures for both ourgovernment and enterprises in responding to the anti-dumping complaints.