China's Wto Accession Deal With The Main Problem Of The Foreign Anti-dumping And Measures

Because the traditional means of trade protection is weakened and cancelled gradually, anti-dumping, as a way for WTO'S admitting, is becoming the main means that all countries put into practice to protect their domestic industry gradually. China is a developing socialism country. The task to explore the foreign mark is very heavy for the opening-up was very late. Because economic scale and export trade of Chinese increase continuously, and China has begun the course of market-economy transformation. Developed countries take advantage of anti-dumping to make anti-dumping investment and take anti-dumping actions. Therefore, it has become a serious obstacle for China to broaden opening-up and develop foreign trade. In a flash, China has entered into the WTO for four years, and China goes into a key node in its transition period. These four years are four years when the Chinese economy accelerates its melting into the world economy, and when the Chinese foreign trade has been fiercely developed. When the degree of the global economic integration deepens and the external trade rapidly accelerates, the favorable balance of the trade continuously extends, thus it becomes an inevitable trend for the international trade to happen more frequently, especially the anti- dumping problem is still very serious. It is an import subject to strengthen the study of anti-dumping.In the first place, the thesis is expounded completely that the basic problems on dumping and anti-dumping for China, and analyzes the situation, reasons and innate characters of foreign anti-dumping for China. Secondly, this paper point out that China has to face main problems when replying to anti-dumping after joining in WTO: The specific characteristics of the Chinese economy, including the complicated relations between state-owned enterprises and the standard of the non- market economy, expand the rights of the free judgment of the foreign investigatory authorities, together with the opportunity to discriminate our country's business enterprises; The related law of anti-dumping not establishes; The "non-market economy" standards perplex Chinese enterprises still; The layer of the anti-dumping lawmaking is still low; The entity and the procedure aspects are still not enough perfect; The governmental strength of the negotiation toward foreign countries in anti-dumping work is not enough; The guidance to the profession association is not enough; The guidance to the business enterprises is not enough; and so on. At last, combined with the practice in China, the author discusses the countermeasures of replying foreign anti-dumping for China after joining in WTO, as follows: To abrogate the dual-lawmaking standards which distort the market image of Chinese enterprises; To perfect anti-dumping legal system of China; To establish and perfect the system of responding to appeal of anti-dumping; To deepen the reformation of the system of the ownership of enterprises and reduce the public enterprises and ones controlled by public and realize that the capital of enterprises is socialized really; Establish the replying mechanism towards anti-dumping, appeals ,encourage the business enterprises to reply to the appeals actively, establish the prize and the punishment mechanisms of the anti- dumping, earnestly implement the policy that those who reply to the appeals should get the benefit"; Promote the layers of the anti-dumping law, establish the early- warning mechanisms. and strengthen the anti- evadable measures; Deepen the reform of the external trade and perfect the profession association mechanisms, transfer the government function, enhance the government participation mechanisms, develop the medium organization in keeping with the world trade organization rules, etc. Through this countermeasures, wishes when China joining in WTO, we can use the way that accord with the demands of anti-dumping rules of WTO to protect industries related with our country reasonably and legally. While we are sharing the benefit brought by the free trade and international division of labor, we can carry out and extend foreign trade successfully, develop the economy of our country continually and steadily.