Research On The Legal Problem Of China’s Implementation Of "Dual Counter Measures"

During the past10years after joining WTO, foreign anti-dumping litigationagainst China are getting more and more serious, especially the one on November21,2006, which the United States launched anti-dumping and countervailinginvestigation merger to glossy paper, and started to launch imposing provisionalcountervailing duties to our export products of glossy paper. And our country is inactively response to foreign "dual counter measures" litigation, and actively takes"dual counter measures" to protect our interests."Dual Counter measures" in the WTO system has become a hot and difficulttheory.This article does research on the legal issues of the implementation of "dualcounter measures", and analyses the legality and the rationality of the "dual countermeasures" by using the theoretical analysis and empirical analysis methodscombining the domestic law and international law. On the basis of the domesticscholars’ strategies in the counter measures and case study, the author makes someSuggestions of his own, and hopes it can provide references on dealing with similarproblems in China.This paper is divided into three parts：The first part of this paper introduces international implementation of"dualcounter measures" situation to China to analyse the dangers of internationalimplementation of "dual counter measure" to our country and, at the same time,analyses the legal basis of international implementation of"dual counter measures" toChina briefly.The second part is the introduction of China’s implementation of "dual countermeasures" situation to foreign countries.This part is divided into3sections, which isanalysis of China’s implementation"dual counter measures", cause study and theresearch results of the scholars in our country, and the legal basis of our country onimplementation "dual counter measures".The third part gives some advice to the improvement of China’s implementation of "double counter measures" from aspects of the substantive law and the procedurallaw of anti-dumping and countervailing, combining the "international practice ofdual counter measures" to China.