Circumvention System Legal Issues

The legislation on anti-evasion of antidumping ruling made its firstappearance in the 1980s and it can be regarded as the enhancement andfurther development of the antidumping legislation. The legislation onanti-evasion of antidumping ruling can exerts an active effect instopping the unfair competition activities in world trade as well as inimproving and maintaining the normal international trade circulation.However, be driven by the economic interests or the desire for profit,there are still many enterprises try hard to evade the ruling ofantidumping legislation, so that they can achieve the purpose ofmonopolizing the foreign markets in other areas and harming or hurtingthe competitors producing similar products in other countries, especiallyin the native country. It is a new and powerful legal protection as well asrelief means for the native country' enterprises to counter strikes theconducts of foreign country' enterprises to evade the ruling ofantidumping laws. However, the anti-evasion legislation may have itsown side-effects, because it can also be used as a legal means by thesupporters of protectionism to suppress the products from othercountries, by the excuse that they get involved in the conducts ofevading. It can improve the development of world economy, protectdomestic industry and eliminate monopoly as long as it can be usedproperly; but it may also exert a negative effect on the world trade andblock the normal circulation of capitalism in the international marketand block the economy development when it is be used improperly oreven be abused.As being an important member in the World Trade Organization,China has to build up the legislation on anti-evasion systematically sothat to enhance the competition ability of Chinese enterprises andproducts, to help and protect the economic development and domesticindustry in order to play a more important role in the world market. Thispaper based on the viewpoints of antidumping legislation, starts by introducing and understanding the basic concepts and characteristics ofcircumvention as well as anti- circumvention legislation, then this paperanalyses the legality and nationality of the legislation on anti-evasion ofantidumping from the viewpoint of homology, economy as well as thelaw theory. The second part of this paper also points out that it is nownecessary to establish a international contracts system about theanti-evasion. The third part of this paper analysis and compares theanti-evasion legislation in the United States and the Europe Union,whose are most close to the perfect anti-evasion legislation in thecurrent world community, as well as the related anti-evasion legislationin the World Trade Organization. Meanwhile, this part of the paper alsointroduces and analysis the nearest achievement on the anti-evasionlegislation in the international community. The last part of this paperpoints out that there is still much work to do for the current Chineselegislation. This part also detects and considers the shortcomings or thedisadvantages in the current Chinese anti-evasion legislation and todraw useful conclusion from that consideration and research, so that tohelp to improve the current Chinese anti-evasion legislation.