A Comparative Study Of Anti-dumping Legal Systems In China And Australia

Nowadays,the economic and trade exchanges among various countries are getting closer and closer.Trade is inevitably subject to friction.In order to protect its domestic industries and economy from harm,the number of anti-dumping investigations initiated by China is constantly increasing.As a large trading country,China is deeply jeopardized by other countries' dumping and anti-dumping.China is Australia's largest trading partner,but it is also Australia's first target country to launch an anti-dumping investigation.With the establishment of a free trade zone between China and Australia,China and Australia have gradually liberalized their trade.The economic exchanges between China and Australia have become more frequent,and the anti-dumping investigations between the two countries have also increased.A closer study of the similarities and differences between the anti-dumping legal systems in China and Australia will provide countermeasures for Chinese enterprises in coping with anti-dumping measures and it will be necessary to better resolve the trade friction between China and Australia.With the promulgation of Canada's anti-dumping law,all countries follow suit one after another.Although our country has its own anti-dumping legal system and has played a certain positive role in protecting our domestic industry and economy,due to some shortcomings on the legislative level,substantive rules and procedural rules make the anti-dumping legal system of our country appear to be inadequate to deal with the increasingly complicated trade environment.By comparing the anti-dumping legal system between China and Australia,this paper puts forward the suggestion of perfecting the legal system of dumping in China.This paper mainly discusses from four aspects:The first part introduces the origin and general situation of legislation of anti-dumping legal system of China and Australia through the evolution of anti-dumping legal system between China and Australian.The second part explores the differences between the two countries in terms of substantive rules by comparing the Chinese and Australian anti-dumping legal system in detail from four aspects: the determination of dumping,the determination of damage,the determination of the causal relationship between dumping and injury,and the anti-circumvention system.The third part explores the differences between the two countries in procedural rules by comparing the Chinese and Australian anti-dumping legal systems in detail from three aspects: the competent agencies,the anti-dumping investigation procedure and the administrative review.The fourth part studies the similarities and differences between the two countries by comparing the substantive rules and procedural rules of domestic anti-dumping legal system,and concludes the suggestions of perfecting anti-dumping legal system of our country.