Study On Subrogate Country System In Anti-dumping Law And Countermeasures Of China

With the international trend of economic globalization, the international trade develops rapidly, and the company of every country more and more depend on the international market. At the same time, however, with the developing of international trade of every country, mutual friction is increasing among them. The Anti-dumping, Countervailing and Safeguard Measures play a significant role in dealing with the disputes happened in the international trading process,which are allowed by the WTO, and they can regulate the trading orders in the process. The legal usage of WTO trading remedy can protect the healthy development of international trade, however, if every country use these remedies randomly in order to protect the company benefits of themselves, if will cause the unfair treatment in the international trade and impede the development of international business. Since the reform and opening-up policy of china, the economy developed rapidly, and the volume of foreign trade increased. At the same time, the market system of China improved, which has get a great achievement in the world. But China also have lots of unfair treatment in the international trading process, and China has become get most numbers of anti-dumping investigations in the world, which are frequently used by the USA and EU as a kind of trading protecting tool in the international business. Even if China has entered the WTO, it also is treated as a"non-market economy"country, and when Chinese products are in anti-dumping investigations in foreign countries, it always uses the Surrogate Country method to calculate the normal value of the products from China.The first part is to introduce the basic theory of Surrogate Country System, which includes its concept, development and legal reason of its emerging.The second part includes the impact of Surrogate Country System on China., and introduces the basic state of suffering from anti-dumping issues and legal state of China, and explores the essence of the"non-market economy"issue. The third part is research for Surrogate Country System of US, EU, Canada, Australia and India.The forth part is to analyze the trade-protecting essence of Surrogate Country System and relationship with basic principles and anti-dumping regulations of WTO, and then research it from the view of jurisprudence.The fifth part is the suggestion for Chinese government, enterprises and legislation, which is through analyzing the feature and essence of the Surrogate Country System.