| This essay first illustrates the basic conception and characteristic of the system of the anti-dumping action on behalf of a third country, explains its value and cause of formation and introduces its development on international, interregional and domestic levels. Then the essay analyses the entity and procedure regulations of the system by comparing and analyzing the common grounds of and the differences between this system and general anti-dumping system. In the entity aspect, it focuses on three general entity regulations as dumping, industry injury and their consequence and one special entity regulation as the third country. In the procedure aspect, it studies the regulations at four stages: the submission and acceptance of the application for investigation, the implementation of anti-dumping investigation, the taking action of anti-dumping measures and the dispute resolution. After the theoretic analysis, the essay also introduces and analyses the few international practice cases relating to this system. The last part of the essay focuses on the establishment of the system in China. On one hand, it remarks on China's current legislation of this system and then puts forward some conceptions and suggestions for establishing and improving the system in China by using the reference of international and other domestic legislation and taking China's practical circumstance into consideration. On the other hand, it explores the possibility and method to implementing the system under the Closer Economic Partnership Arrangement (CEPA) between the mainland and Hong Kong, Macao as well as Taiwan. It especially emphasizes that when constructing the specific system under CEPA we should respect the multilateral trade frame and flexibly exercise the current legal system of the mainland, Hong Kong, Macao and Taiwan to protect the legal rights of all parties. |
