On China's Anti-dumping Law And Its Improvement

The combat between dumping and anti-dumping plays an important part in international trade. With the growth of globalization, the combat is becoming increasingly fierce.In an era that every country closes the communications at the borders, there is no competition between countries. Whereas, globalization makes the world a village, in which products from all over the world flow freely. Anti-dumping has been universally approved as a legal measure because it is an easy, effective and inexpensive way to protect domestic industry. Such being the case, more and more countries are willing to join in the World Anti-dumping Club to protect domestic industry from being damaged by dumping products.As one of the most important trade countries in the world, China is no exception to the rule.Since 1979, the number of anti-dumping investigation aiming at Chinese products is always growing. China has become the main subject accused. Meanwhile, China is now facing serious dumping of products made in foreign countries. Under the circumstances of anti-dumping at home and abroad, China's anti-dumping legislation came into being. However, the drawbacks and loopholes in the legislation make it difficult for China to undertake the anti-dumping job successfully. Therefore, a scientific and reasonable anti-dumping law promulgated by the National People's Congress enjoys great popularity.In this thesis, the author analyses the achievements and deficiencies of China's present anti-dumping legislation, and proposes corresponding suggestions for further perfection and revision.The thesis consists of four chapters.The first chapter, the main part of the thesis, discusses that the protection of domestic industry is legal, fair and reasonable, since anti-dumping is born to be a trade protection measure. Therefore, the value tendency of China's Anti-dumping Law should be trade protection. Without trade protection, there would be no anti-dumping law. Public interests are not the main concern of anti-dumping law. But since we attach great importance to the building of harmonious society, it is necessary to protect public interests at least on procedural level. Only in this way, can we show our determination to build harmonious society.The second chapter explores the insufficiencies in material law, including determination of dumping, determination of injury and the standard of cause-effect causality. The ambiguous expressions in material law make the present anti-dumping legislation target of criticism. Although the investigation authorities are entitled more freedom to consider and decide by its own judgment, it is also a waste of time to compare and choose from different measures. So, it is critical to make clear the rules of the determination of dumping and injury.The third chapter analyses the drawbacks in procedural law from the aspects of the guiding principles of legislation perfection, anti-dumping investigation, and judicial review. The author suggests perfecting procedural law to be transparent and predictable. In order to provide timely and effective relief for domestic industry, it is important to broaden the range of the parties involved and to lower the requirements for evidences. What's more, as judicial investigation is highly specialized, a specific court should be set up as early as possible.The forth chapter puts forward proposals for the establishment of equivalent rules to ensure the effect of Anti-dumping Law.Upon the promulgation of China's Anti-dumping Law, it is not only important but also practically significant to objectively and fairly evaluate the present anti-dumping legislation, to point out the partial ideas in the research of legislation, to clean up the confusing ideas about the legislation, and to put forward the ideas of further perfection and revision.