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Anti-Dgumpin Laws A Comparative Study Between Eu And China

Posted on:2012-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:S M WuFull Text:PDF
GTID:2216330338462317Subject:International Economic Law
Abstract/Summary:PDF Full Text Request
No matter the academic or practical circles, anti-dumping has always been the most controversial issue in the international trade. Even though there is some debate about anti-damping's irrationality, EU frequently takes it as the sword to protect the entire industry and successfully carries out charge and investigation on the companies of China because of the EU's complete system of antidumping regulations, especially when non-tariff barrier space shrinking. China, as the new member of WTO, only has so few anti-dumping regulations which have little content that it can't safeguard the lawful rights and interests very well. In conclusion, China should compare and borrow ideas from EU's advanced and mature anti-dumping laws in order to complete our substantive and procedural laws of anti-dumping matter-of-factly. This paper is on the basis of the existing researches at home and abroad and finally forward reasonable suggestions on the anti-dumping legislation construction through studying the differences between EU and China in anti-dumping mechanism.Chapter 1 is the usual thinking about anti-dumping laws including plutonomic, rational and irrational analysis in order to expound the anti-dumping law development space in China.Chapter 2 is the comparation of anti-dumping laws implementation between EU and China. Based on the implementation and its bad influence of EU's anti-dumping practice, China should find the weakness and enforce charges to make sure its own industry gets well developed.Chapter 3 mainly introduces the system and development of anti-dumping laws respectively in EU and China. On one hand, we witness China has made extraordinary encouraging progress. On the other hand, we also should be aware there still are shortcomings we need to overcome.Chapter 4 is the differences of anti-dumping laws between EU and China. First of all, we elaborate the differences of the substantial laws including normal value, export price, damage and causal relationship. And then, we expound the differences of the procedural laws including authority, administrative review and judicial review. In the end, by analyzing the two special terms of non-market economy and public interests gets the influence and significance to China.Chapter 5 is some suggestions on the development of China's anti-dumping laws. Firstly, we should improve the legislative status. Secondly, we should explain some important terms in detail and add some procedural rules. Finally, we should do something to get rid of the non-market economic status and put forward some advice on public interest term.
Keywords/Search Tags:anti-dumping, normal value, causal relationship, administrative review, non-market economic status
PDF Full Text Request
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