To Rebuild Anti-dumping Law Under The Framework Of Competition Law

Be accelerated with the trend of economic globalization going a step further, Anti-dumping cases increases by large margins, the anti-dumping was acted as trade protection's instrument in some countries. More and more scholars start to investigate and discuss the anti-dumping problem. They mainly in the reform of anti-dumping law and the coordination of competition law in international. The paper attempts to find a method on combining competition law and anti-dumping law.Both competition law and anti-dumping law have consistency and differences. The consistency includes two respects:first, both of them regulate price discrimination; second, their value goal includes the maintenance fair competition. The differences include three respects:first, their value orientations are different. Competition law focuses on the efficiency and care about the fairness, anti-dumping law as a trade remedy measures, focusing on the protection of domestic industries and operators from foreign operators of unfair competition. Second, they have different protection of object. Competition law protect the "competition", anti-dumping law protects the "competitor". Third, their damage found standards are different. Competition law standards in the injury determination to competitive harm, the standard of anti-dumping law are "damage to domestic industry". Based on these similarities and the differences, competition law and anti-dumping law interact in practice, but also resulted in inevitable conflict.At moment, the development of economic globalization makes emphatic demands on trade liberalization, anti-dumping trade protection are frequently used and abused, and it faces a new crisis. Anti-dumping law, which based on the theoretical basis of "dumping of hazardous theory", thinks all the dumping behavior are harmful. However, the dumping as a double-edged sword, the economic effects of both its positive and negative, in addition to predatory dumping, most of the dumping is an acceptable, rational operator's business strategy. Based on this, scholars raised a lot of different ideas on the reform of the antidumping law. There are three options:(1) modify and improve existing anti-dumping law; (2) the complete abolition of anti-dumping law; (3) competitive alternative to anti-dumping law. A competitive alternative to anti-dumping law bases on the considerations that competition law superior to anti-dumping law, a unified international competition law; this option is the perfect program in theory. However, based on the current trade protectionism in international trade activity trend and impact, in the unilateral level, at present the most feasible way is first of all, reconstruct anti-dumping law in the framework of competition law, for the regional and bilateral levels to achieve a competitive alternative to anti-dumping law, step by step, and then to the ultimate development of a unified goal of international competition law.Specific programs should be include the following respects at least:first, alternative concept of fair and free competition of competition law in trade protectionism concept of anti-dumping law; second, take price discrimination which endanger the international free and fair competition as the regulatory focus; third, to "harm competition in the market" standard instead of "harm the domestic industry" standard; fourth, the abolition of anti-dumping law the concept of fair competition in the departure from the "alternative state system"; fifth, increase "public interest" clause which embodies the purpose of competition law in anti-dumping law; sixth, improve the procedure of anti-dumping rules. In specific approach, firstly in the regional and bilateral levels to achieve a competitive alternative to anti-dumping law. Finally, according to China's national conditions and the current status of international trade, as the biggest victim of anti-dumping, and the direction and specific legal advice that can be considered in China in this work. I hoped that the paper can make a contribution to formulating relevant law and the system of abusing anti-dumping in future.