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Study Of Anti-dumping Administrative Review System

Posted on:2015-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:W W FuFull Text:PDF
GTID:2296330431958540Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Through the interpretation of China’s "Anti-dumping Regulations" rules on anti-dumping administrative review, we can see:Anti-dumping administrative review is that when a country finds his country sales activities in the country of dumping on their related industries caused substantial damage to protect their own industries,but these kinds of dumping take appropriate anti-dumping measures,the implementation of the measure after some time (usually no more than five years, the review period from the date of initiation of the review decision, not to exceed12months) stakeholders and the competent authority (the State) by way of review of dumping previously been recognized again re-evaluate and study to determine whether to continue or terminate the anti-dumping duty on the price or performance commitments.Anti-dumping administrative review to anti-dumping administrative ruling is an important part. And do not exceed the scope of administrative law enforcement or exceed antidumping authorities. At present, the academic study of anti-dumping more, a lot of academic achievement, but academic research on anti-dumping administrative review system is one of the few part. And antidumping administrative review system is an important part of the anti-dumping law system, it is essential for the import and export trade of the parties plays a role, but also involves the exporting country producers and exporters of the product concerned interests. Therefore, in recent years as China’s economy continues to develop, while the domestic industry during the development of trade also encountered many problemstimely use the anti-dumping laws and regulations, to protect domestic industry has a very important practical significance.There are several parts of the contents of this paper:First, before the definition of anti-dumping administrative review, the first of dumping and the basic concepts of anti-dumping elaborate, followed to introduce anti-dumping administrative review meaning, starting from the characteristics and type, description, status and functional role of anti-dumping administrative review system in the anti-dumping. And confusing concept: administrative review, administrative reconsideration and administrative litigation their main characteristics, comparative analysis were used to more clearly anti-dumping administrative review of the basic concepts.The second part, Analysis the European Union and the United States to take anti-dumping administrative review system, through its understanding of the law on anti-dumping administrative review, the department and both can learn to analyze the situation of China to illustrate their advantages what our country can learn from. Perfect for the last part of the contents of the anti-dumping administrative review system to pave the way.Third, through the administrative review of the current anti-dumping system analysis, combined with the provisions of " People’s Republic of China anti-dumping regulations," can be seen lack of anti-dumping administrative review system exist:for example:the legislative level is not high enough authority responsibility and authority clear, did not make clear that the final review of the anti-dumping system, anti-dumping administrative review process time-trial requirement is unreasonable.Finally, drawing various scholars on the basis of the views and perspectives of the above problems, aiming at less than the above findings, one by one put forward to improve our antidumping administrative review of the recommendations and observations:(1) improve the legislative level of anti-dumping administrative review, and build a new the anti-dumping law and regulation system;(2) to improve the anti-dumping administrative review, administrative litigation trial level;(3) improvement of legal provisions on anti-dumping final review, the proposed learning rules and foreign experience on the final review, combined with the actual situation in China, introduced a specialized rules on our final review of;(4) improve the anti-dumping administrative review system time requirements.The last part is the conclusion, a brief review of the full text contents of the article summarizes an overview, I believe our country through a combination of our country and abroad related to anti-dumping practices, the future will be able to further improvement and development of China’s anti-dumping administrative review system for the country in anti-dumping cases to better play its role.
Keywords/Search Tags:Anti-dumping administrative review, Final review, Mid-term review, Anti-dumping, regulations
PDF Full Text Request
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