Anti-dumping Entity Specification - The Wto Anti-dumping Rules And The Anti-dumping Legislation

Through comparatively researching, this essay discloses, beginning with the history of the legislation on anti-dumping, the general rules of anti-dumping laws. Then, taking Code of Anti-dumping Measures of WTO and Chinese anti-dumping laws as a core, the author analyzes the following: fundamental principles of anti-dumping law, recognition of dumping, finding of damages, and cause and effect between dumping and damages. The author also analyzes the Euro-American developed countries success in anti-dumping and puts forward suggestions to perfect Chinese anti-dumping laws. Except for the preface and conclusion, the essay consists of four chapters. Chapter One deals with Code of Anti-dumping Measures of WTO and Chinese anti-dumping laws. After analyzing the history of the legislation on anti-dumping law and Chinese Anti-dumping Ordinance, the author points out that Code of Anti-dumping Measures of WTO is a stable agreement. The author also holds in this part that Chinese Anti-dumping Ordinance only sets up an outline, which is far from the principle of aving laws to obey Chapter Two is concerned with the fundamental principles of Code of Anti-dumping Measures of WTO and Chinese anti-dumping laws. After generalizing and theoretically explaining the fundamental principles of Code of Anti-dumping Measures of WTO, the author holds that Chinese anti-dumping laws should contain the following four principles: 1) dumping to cause damages being to blame, 2) anti-dumping measures not being an irrational barrier to international trade, 3) competition, 4) reciprocity. Chapter Three is centered on the recognition of dumping. The author does some research in the three aspects of normal price, export price and dumping range through comparative method in this part. After pointing out that the nature of normal price refers to the price that is paid or should be paid in the course of a normal trade, the author theoretically analyzes the course of a normal trade, representative, comparable price and products of the same kind. And then he also analyzes export price and dumping range and suggests how to perfect Chinese legislation on anti-dumping. The last chapter puts its emphasis on the finding of damages and the judging of cause and effect. Firstly, the author probes into the aspect of domestic industry and holds that China should introduce the system of exceptional in regional market to protect its relative domestic markets.Se--condly, the author analyzes carefully the three types of serious damages and considers that China should strengthen its legislation on substantial hamper to provide legal protecting measures for those domestic industries under construction. And in the end, the author comes to the issue of cause and effect and analyzes it from the angles of the theories of civil law and anti-dumping law, and concludes that Chinese legislation on this issue in the future should keep consistent with those of CodeofAnti-dumPing Measures of WTO.