A Study On The Problems Of Administrative Litigations Of Anti-dumping Measures In China

The WTO, honored as “the United Nations in the field of economy and trade”, is the world’s most prominent organization to regulate international trade. Since its foundation, WTO has put on its members limited regulations, including only a few of ways to stipulate international trade, such as anti-dumping and anti-subsidy which can be adopted legally. However, as a trade protection measure, anti-dumping has been under hot debate since its very beginning. The Anti-dumping Agreement by WTO requires that member countries set judicial censorship for anti-dumping administrative acts, so as to strengthen domestic restricts applicable to anti-dumping practices.So far, members of WTO have set up their judicial censorship for anti-dumping on the basis of their own constitutional systems. However, countries vary evidently in their practices. For instance, the USA and the EU have rich experience and abundant successful practices in the field of judicial censorship for administrative anti-dumping activities. However, though our Ministry of Commerce has arbitrated 120 cases of anti-dumping and anti-subsidy by the year of 2014, our country has not yet had one administrative case against these measures.This paper examines the current anti-dumping administrative litigation in our country by way of an international comparison of anti-dumping judicial censorship, trying to find the reasons for the poor performance of the anti-dumping judicial system in our country and put forward a series of suggestions to solve the problems above.