The Study Of Public Interest Institution In Anti-dumping

With the deep development of international economic trade,the anti-dumping trade situation is also growing,whether as active or passive side of anti-dumping,our country is obviously.Anti-dumping measures were carried out to maintain fair trade,but it seems to be related to the trade protectionism natural,they are positive and negative ends of is just like a number line,the world will be converted to,just a zero point as the balance is required to adjust the contradiction of the two,the principle of public interest can be a good play the role,therefore in the public interest principle in the sociology was originally introduced to the economics,the widely used in international trade of anti-dumping.Although the concept of public interest is still no clear definition,but the key is to grasp the principle of public interest and relevant factors,the relationship between clarify these relations help to understand the relationship between interested members of the public interest clause.The understanding of public interests from multiple angles,the author from the perspective of theory and practice Angle was analyzed,and mainly analyzed the jurisprudence theory Angle,the introduction of the principle of public interest in anti-dumping legislation on argument;From the perspective of law and economics analysis mainly from the reverse side to prove the importance of the principle of public interest.Public interest principle of practical significance is more important,it is the international trade competition of the equalizer,is able to compensate for the limitations of anti-dumping measures,EU anti-dumping case against China Photovoltaic products and Bisphenol A are very typical,through these example can be very good to feel the essence of modern trade cooperation is in the perspective of public interests,mutual benefit and win-win results,rather than a prisoner's dilemma,the life-and-death.The earliest introduction of the principle of public interest into legislation and put it into practice is Canada.Although Canada has not made a clear definition of the"public interest",the legal provisions expressly provide for the parties involved in the public interest survey and the factors that the tribunal should consider in the investigation.This is a place worth learning from.Canada's "baby product case" is the use of the public interest of the typical.Second,the EU is more distinctive anti-dumping legislation,the EU pay more attention to the procedural rights of the interests of the protection,but also strictly defined the relevant authorities to protect the obligations of stakeholders.EU Ferrosilicon anti-dumping case" is also very typical.WTO anti-dumping agreement in the relevant provisions are also gains and losses.As important members of the WTO in our country,also changed the anti-dumping legislation in 2004,officially introduced the principle of public interest,with China's rise as a trading power,the current legislation of the principle has gone far can not adapt to the need of reality,the relevant legislative procedure and the real legislation there are many defects.For anti-dumping legislation,should from the two aspects of entity and procedure legislation,especially must pay attention to the various relevant interested parties rights,appropriate to expand the scope of the interested party,perfect relevant interests balance mechanism,ensure cohesion and related legislation.The anti-dumping public interest system practice is also mixed,both as a case of Bisphenol A case of success,but also like the PV industry case such as unhappy case.In order to improve the practice of anti-dumping public interest system,we should be good at the interests of anti-dumping cases,strengthen ties with other stakeholders and actively participate in international negotiations,the most important thing is to improve their own competitiveness.This is the most powerful weapon against international anti-dumping and safeguarding our public interests.Of course,we should also learn from Canada,the EU-related legislation and practical experience,combined with reality,become used.In the maintenance of China's trade interests in the case,to better promote the healthy development of international trade.In this paper,combined with a variety of analysis methods,with jurisprudence analysis,data analysis,makes the article has a variety of theoretical background.But in view of the author's knowledge ability is limited,failed to draw some innovative ideas,hope to provide some original ideas for our country's anti-dumping legislation.