Study Of Anti-dumping Procedure Law Of China And Foreign Countries

Dumping and anti-dumping has become the important and effective approach to occupying foreign market and protect domestic market in each country of the world. Anti-dumping law, the general law principle calling, means nations and international organizations adjust dumping actions in order to keep the international trade order and protect the benefit of importing countries and their producers. Anti-dumping procedure law is established by national legislature or by agreement between countries or between international organizations. It is the general law principle calling of adjusting nations, international organizations and parties to abide ways, processes, sequences, time limits and concerned rights and duties in the process of anti-dumping procedure. The historical development of anti-dumping process law is a repetitive evolement, from domestic law to united law, then from united law to domestic law, again from domestic law to united alw, that is, from dispersing to unification, then from unification to dispersing, again from dispersing to unification.This paper, based on the study of basic theory of anti-dumping process law, beginning with the following three stages in anti-dumping courses: anti-dumping investigation procesure; executive review; judicial review, analyzes and compares WTO Anti-dumping Agreement and the characteristics in the part of anti-dumping law procedure in EU( European Union), USA and PRC. By analysis and comparison, the paper points out the deficiencies about investigation process, executive review process and judicial review process in present anti-dumping law of our country. It also brings forward: during the stage of anti-dumping investigation, including the way of investigation---- "presenting the third nation to initiate investigation", " crystallizing the time limit of investigation and case-radication" " adding principles of evidence certifying" and carrying out the public benefit principle all the time; during the stage of executive review, detailing " Sunset review principle" " enriching the range ofexecutive review"; during the stage of judicial review, stripping "executive review" from Principle, term 53, singling out to give clear regulation, and court should confirm that the investigation model should be " law investigation is leading, truth investigation is assisting" in the time of judicial investigation.