Study On The Anti-dumping Legal System

Dumping is one of the unwelcome competitive behaviors in fair market environment. Itis an approach that the exporter adopts a lower price to occupy more proportions and toacquire more advantages in a competitive market, which may bring some disadvantages oreven may induce impediment during the establishment and development in some industrialareas for the importer. Therefore, in order to protect the development of domestic industryand preserve a fair and rational international trade environments, most of the countries beginto enhance the related laws and rules, thereby restraining and avoiding these unfair andunjustified competitive behaviors. Since Canada promulgated the first Anti-Dumping Law,US, EU and ITO established relative anti-dumping law system accordingly, and more andmore developing countries took the developed countries as example to set up their ownanti-dumping law stabilizing the domestic industry.In this article, we comparative analyzed anti-dumping laws in the five parts. The firstpart,including Charpter One and Charpter Two, introduced the anti-dumping regulations andclauses in ITO as well as in many other countries from the legal perspective and the solutionsof trade disputes. This part mainly included the summaries, concepts and categories ofdumping; the concepts, features and impacts of anti-dumping law. We also compared thedifferences of anti-dumping law in our country and others. The second part discussed thedefinition of some concepts during the legislation process, which is based on theanti-dumping laws in our country and other countries in the world, and analyzed thesubstantive law in the anti-dumping laws. Based on the results, we summarized theidentification of dumping, the confirmation of normal value and exported price, thecomparison between normal value and exported price, the confirmation of damage, theconfirmation of similar products between domestic and regional industry and accumulationcomputational regulations, as well as the causality between the dumping and damage. Thethird part compared anti-dumping law in our country and other countries in the world, andanalyzed the result from the perspective of procedural law. The fourth part proposed somerelated suggestions about the anti-dumping laws based on the basic national conditions in ourcountry. In the fifth part, we proposed the related countermeasures, contrary to the problemsof damage in substantive law of anti-dumping law in our country and site of department of anti-dumping in procedural law of our country.