A Research On China's Anti-Dumping Legal System In The Background Of WTO

After the round of Uruguay negotiation and under the voice of trade liberalization, the space for member states of WTO to strive for tariff and tariff barrier becomes smaller and smaller. While, as a legal means permitted by WTO, anti-dumping has many characteristics such as its legal forms, its convenient enforcement and significant effects. Moreover, anti-dumping cannot easily cause revenge from export countries. Therefore, many countries regard it as a favorable means to protect their domestic industries. According to the statistics by WTO, from 1995 to June 2006, the total number of anti-dumping cases registered by foreign countries to China has come up to 500, which accounts for 17.1% of the whole world. For 12 years in a row, China has encountered the most of the anti-dumping investigations in the world. Anti-dumping lawsuits have excluded many superior Chinese products out of international markets, which leads to many unmarketable products, production-stopping and bankruptcy of many enterprises and a large number of unemployed workers. All of these have caused serious economic losses and severe social problems to China. Meanwhile, some foreign export traders take dumping means to occupy Chinese markets, which has caused serious damages to the related domestic industries of China. Therefore, it is a realistic and significant problem for us to study how to prevent and deal with anti-dumping measures taken by foreign countries to resist our export products, and how to further perfect the anti-dumping law of China and learn to skillfully take anti-dumping means, which has been approved by international societies, to legally protect the related domestic industries. This paper adopts comparative and analytic approaches, by comparing Anti-Dumping Agreement of WTO with the anti-dumping legislation in other countries, profoundly expounds the legislative insufficiency in China's anti-dumping laws and the problems existing in its legal practice. In addition, this paper puts forward some suggestions to perfect legislation and some countermeasures to deal with anti-dumping.The present paper mainly consists of 4 chapters. Chapter One is a brief introduction of the historic development, the concept and the classification of dumping and the concept of anti-dumping law. Chapter Two illustrates the content of Anti-Dumping Agreement in greater detail, and also briefly describes the anti-dumping legislation of developed member states of WTO. Chapter Three mainly comments on the 3 legislative stages of anti-dumping in China, and points out the legislative drawbacks and insufficiency of existing Anti-Dumping Agreement. And then from the viewpoint of practices in replying anti-dumping lawsuits, the author analyzes the factors which restrict Chinese enterprises to reply anti-dumping lawsuits and also objectively introduces the present anti-dumping appealing situations in China. Chapter Four, in view of China's anti-dumping legislation and problems in its practice, put forward corresponding suggestions to perfect legislation and countermeasures to deal with the reply of anti-dumping lawsuits.