The Study On The Use Of WTO Dispute Settlement Mechanism Solving Anti-dumping For China

The WTO dispute settlement mechanism is a mechanism that provides the WTO members with a solution to all kinds of disputes and the maintenance of the system for members to enjoy their interests in accordance with the law, and the WTO anti-dumping dispute settlement is a means to resolve the dumping and anti-dumping dispute between members of the WTO. With the development of international trade, many countries around the world frequently use anti-dumping measures to protect their trade, as a result, hindering the development of international trade to a certain extent. In order to smoothly conduct the international trade, the WTO provides a venue to resolve disputes under the multilateral institutional framework for its members, and its legal documents,"Understanding on Rules and Procedures Governing the Settlement of Dispute" and "Anti-dumping Agreement become being concerned by people much more than before. With the understanding and practice of the WTO dispute settlement mechanism, the dispute settlement mechanism has also been improved, and more and more anti-dumping lawsuits are submitted to the Dispute Settlement Body. The WTO dispute settlement mechanism has become one of the important means to solve the anti-dumping in many countries.As a country suffered anti-dumping most seriously in the world, China should be one that takes advantage of WTO anti-dumping disputes to the largest. But in fact, compared to our trading partners, such as the United States and the European Union, our country seems relatively backward in the use of the WTO dispute settlement mechanisms. After entering the WTO for more than ten years, our country has made some achievements in the use of the anti-dumping dispute settlement mechanism, but still has some problems. In2009, China made great achievements about EU-China fasteners anti-dumping lawsuit case. Since then, we pay more attention to the use of WTO dispute settlement mechanism. Under the severe economic situation, what is the status about China’s participation in the WTO anti-dumping dispute settlement, what achievements has been owned by us, what problems are there still today and how to solve these problems, which are worthy of our study.This paper, mainly based on the qualitative analysis, finishes its research using a combination of theoretical and practical. Firstly, the article focuses on a introduction about WTO dispute settlement mechanism, which lays a theoretical foundation for the whole paper; Secondly, analyze the status of China’s participation in the WTO anti-dumping dispute settlement as the complaining party, the responding party and third-party identity, on this basis, analyze the achievement in the use of WTO anti-dumping dispute settlement mechanism, as well as some existing problems, which contain both internal factors and external factors; Finally, according to the existing problems, propose the countermeasures to upgrade the abilities of the use of anti-dumping WTO dispute settlement mechanism.Text is divided into five parts:Chapter Ⅰ:Analyzing the background of actively participating in WTO anti-dumping dispute settlement for China, and determining the research significance of research the problems in the use of the WTO anti-dumping dispute settlement mechanism; analyzing the status quo of domestic and international research on the topic; and explaining the research ideas, innovation and inadequate.Chapter Ⅱ:Introducing the WTO disputes settlement mechanism, including the dispute resolution agency and anti-dumping disputes operational procedures and the anti-dumping dispute settlement procedures, setting the theoretical basis for this article.Chapter Ⅲ:Analyzing the status quo of China’s participation in the WTO dispute settlement mechanism, including the Chinese status as the complaining party, the responding party and third-party identity involved in taking part in the anti-dumping dispute settlement. Showing us the current situation of China participating in the dispute settlement in the form of a table display, the position on which anti-dumping disputes accounted, and enumerating the important case about Chinese participating in the dispute settlement and conducting a brief introduction on the process and settlement of the cases. Finally, analyzing the characteristics of China who takes part in the WTO dispute settlement.Chapter Ⅳ:The analysis is divided into two parts, one is the achievements which are made through Chinese use of the WTO dispute settlement mechanism; the other one is the problems which result from using WTO dispute settlement mechanism. The analysis is mainly conducted by summarizing the achievements including three aspects:international influence, litigation experience, and influence for litigation objects. The analysis of the problem includes the two aspects:internal factors and external factors. Under subdivision, the problem includes four aspects: the subject of litigation, litigation preparation work, domestic laws and regulations and foreign laws and regulations. Among the lawsuits, we focus on the analysis of the laws and regulations in the EU anti-dumping.Chapter Ⅴ:Proposing the corresponding countermeasures after analyzing the problem. Firstly, about the ability of the main body, put forward the recommendations from the three angles:legal talent, industry associations and government; followed by the preparation of litigation work mainly that export products need to add value to product and upgrade the product; Furthermore, laws and regulations, here consist of three main parts:a need to improve our domestic antidumping law, a need to simultaneously update our domestic anti-dumping dispute settlement mechanism, make our country more favorable status in litigation with the Member States in the use of diplomacy.