Study On Public Interest Principle In Anti-Dumping Law

Anti-dumping law, from their birth, have attracted attention from both jurists and economists. For dumping acts will bring more or less some negative effects, thus impairing the interests of the exporting, importing and third countries, anti-dumping law serve as a powerful weapon in avoiding damages caused by dumping. In fact, anti-dumping law is a"double-edged sword", protecting the internal industries affected by dumping, while impairing downstream industries and the interests of the consumers, even the economic structure of a country and overall economic interests. Therefore, the principle of public interest has emerged as the time requires for the purpose of avoiding the abuse of anti-dumping law, but scholars are divided academically as to the necessity of such principle in anti-dumping system, and some nations fail to incorporate such principle in their anti-dumping laws. This paper aims to contribute to the reform of anti-dumping law by the study of the principle of public interest.This paper is composed of four parts. Partâ… expounds the reasons for the introduction thereof into the principle of public interest; introduces the concept of the principle of public interest and different views among Chinese legal profession; and analyzes the functions of such principle in anti-dumping law from different perspectives.In Partâ…¡, the method of value analysis is employed for the investigation of the theoretical basis of the principle of public interest from legal, economic and political perspectives.In Partâ…¢, the stipulations and cases related to the principle of public interests in anti-dumping legislations among WTO, Europe, Canada and the USA are compared and analyzed.Partâ…£deals with the legislation and practice of the principle of public interest in the anti-dumping system of China, including a summary of the provisions related to such principle of the present day, the shortcomings of such legislation and improvements therefor, and ends up by providing the first case in China concerning the principle of public interests.In addition, such other methods as used in economic, sociological and historical research are also employed in this paper for the analysis of some concrete issues.