Theory Of Court Censorship In The Anti-dumping Judicial Review Procedure Of Our Country

Along with the deepening of economic globalization, and the expanding of international trade in the width and breadth, dumping behavior associated began to appear in the international trade. Due to the harm dumping behavior, countries have established their own anti-dumping system used to overcome the dumping harm. Because the establishment of the dumping system is based on economic interests and has a strong policy orientation, in practice, anti-dumping authorities against to the other rights and interests will be inevitably. Setting up a set of fair, efficiency and lawsuit legal system to such legal disputes to provide remedy for a law is a healthy anti-dumping system the normal operation of the necessary legal protection. Based on the above reason, countries after the establishment of the anti-dumping system have established the anti-dumping judicial review system of judicial control, to the abuse of anti-dumping administrative power to the anti-dumping system, just as the "wild horse" on the set of "the reins", which make the anti-dumping system orderly operate.Indeed, practice of China’s judicial review of antidumping at present is still blank, most of the time, foreign trade products of China received an anti-dumping investigation, which make other country’s anti-dumping authorities for the judicial review of anti-dumping litigation.However, the law is forward-looking, along with the strengthening of China’s position in the international trade and increases of national power, other countries in the dumping in China will gradually increase, corresponding to China’s anti-dumping system which plays a more important role. The maturity of the anti-dumping judicial review system is anti-dumping authorities in China as the legal guarantee for the normal international trade order. The system of judicial review of anti-dumping of our country at present is still blank. Designation with the specific national conditions of China’s censorship, for our future anti-dumping cases has important significance.Judicial review of anti-dumping of our country is no specific legal provisions, mainly stipulated in the " anti-dumping regulations " and " Regulations of the Supreme People’s Court on the hearing of anti-dumping administrative cases some problems of the application of the law "(hereinafter referred to as " the Supreme Court Interpretation "), and the provisions of these laws has validity level low, regulation characteristics thick lines, to the subject of judicial review and litigation subject qualification examination; under the jurisdiction of court and the problem of lawsuit time limit; the standard of review and review the scope of the problems; in the lawsuit reconciliation system as well as the instance, and trial procedures,which are lack of a clear and detailed provisions, far can not meet the legal requirements of the future of China’s anti-dumping judicial review.Study on European and American anti-dumping judicial review system to establish the countries as well as the WTO " Anti-dumping Agreement " in the provisions, in China’s court system become the best choice to play the anti-dumping judicial review subject, legal environment at home and abroad and the level of the rule of law based on the differences, the establishment of specialized system in our court for trial against antidumping administrative case conditions are not ripe, so setting up a review tribunal in the existing court system is the best solution. Due to qualification of subject of litigation, many countries especially developed countries such as America and Europe which are trying to expand the scope of subject of litigation in order to protect their own group in the interests of the parties, China is required more conservative not conducive to their parties. We should draw lessons from foreign regulations, extending the suit right right and protection of domestic parties. The determination shall be based on an anti-dumping administrative action made whether to "mature" whether to give the relative person’s rights and interests caused real influence to judge.The jurisdiction of judicial review is a problem in the review, scholars in our country designed pattern, considering the current nation, jurisdiction should be shipped as the jurisdiction of the court of intermediate people’s trial, in the territorial jurisdiction, on the basis of the most closely linked to the principle and the the trial evidence point of view,which should be based on the plaintiffs domicile and dumping place court as the court of jurisdiction. WTO " Anti-dumping Agreement" for the anti-dumping judicial review presents " prompt", according to the regulations, China’s judicial review on the time limit shall be adhering to the " prompt " requirements of shorter duration, starting point clear of lawsuit time limit, the limitation of judicial review to establish matching suspension and interruption.The judicial review of the scope of review focus on standards for judicial review of anti-dumping depth and width.The judicial authorities in the scope of the review can refer to the United States of America "mature administrative principle" in administrative behavior.It is actually affect the rights of people to measure whether the administrative behavior into the scope of the review; review standards such as Europe and the United States anti-dumping judicial review system are relatively mature countries.Our review criteria based on trial of fact and legal trial should fully respect the administrative organ in fact and interpretation of the law.In addition, The complete procedure is inseparable from the second instance and retrial procedure, taking into account the relevant provisions of China’s current administrative procedure of second instance and retrial procedure and the problems in practice.The anti-dumping judicial review procedure of second instance shall focus on the law review, to play the Law Institute of professional advantages, sending to improve the trial of the case efficiency; the retrial procedure, as special cases of judicial review of anti-dumping should be based on the number of control, retrial, a good image to maintain our country’s international trade power.