Anti-dumping Circumvention Legislation Perfection

With the development of economic globalization and trade liberalization, The developed country, such as European and Americanhave,have established the anti-dumping legislation. Anti-dumping strength continuously strengthen, as represented by Japan, South Korea, after the export trade with anti-dumping sanctions, to expand products export quotas. Ec2176/84rules in the clause "screwdriver" become the world’s first constraint circumvention of anti-dumping law. European and American developed countries have established early anti-circumvention mechanism and actively carry out. Currently, anti-circumvention legal system has become one of the most effective measures to implement the trade protection. Anti-circumvention legislation in Europe and America has a growing influence on the development of international trade. Dunkel draft the anti-circumvention clause didn’t pass, but has been largely as a pattern of anti-circumvention legislation. To build specific anti-circumvention system in China can draw lessons from these three models, especially have rich examples of anti-circumvention system, in order to avoid detours. In process of anti-circumvention legislation should pay attention to comply with the fairness, the principle of utility maximization; In accordance with the WTO transparency and consistency principle; Conform to absorb Europe and the United States advanced legislation experience but pay attention to the principle of legality. Establish anti-circumvention system in our country, should try to include all over the world now has happened and to foresee the avoidance of, also want to in the legislation had not foreseen with space of circumvention. Clear the definition of "avoid" in the legislation, is helpful to understand the circumvention, clear specification object, also accord with the legislation system of our country. By comparing the known enumeration method and definition method is used to give a clear definition of circumvention more rationality. Through the definition of avoidance, by listing and out terms and conditions will be the possibility of all sorts of avoidance are included. Avoidance behavior should be the implementation of the subjective intent, that is, to avoid anti-dumping measures, for the purpose of which is to distinguish the normal legal business behavior and avoidance of key points. In terms of rules of procedure, increase application of anti-circumvention and filing procedure, it is simple, rapid and effective.This article is divided into five parts, the first part of this selected topic research status at home and abroad and the research value, the second department for circumvent anti-dumping and anti-circumvention theory analysis, anti-dumping mechanism discussion of anti-circumvention behavior. Is mainly aimed at the existing definition of avoidance explained in detail, and verified the rationality of the anti-circumvention system; The third part mainly introduces the international anti-circumvention legislation condition. First of all to the European Union, the United States and other developed countries about illustrates the anti-circumvention clause substantive law, analysis, which can be used for reference Combining dunkel draft, to discover the pros and cons of legislation, to perfect our country anti-circumvention legislation lay the foundation; The fourth part analyzes the current anti-dumping anti-circumvention legislation present situation and necessity, from the Chinese anti-circumvention legislation background, historical evolution, determine the position of Chinese anti-circumvention legislation and put forward some deficiencies in our country at present; Integrated in the first four parts, in the fifth section of the article, gives the Suggestions to our country anti-circumvention legislation, of anti-circumvention legislation in China should take the orientation, principles, procedural and materialization of the advice is given.