Talk About The Perfection Of Our Country's Anti-Dunping Legal System

Anti-dumping is one of the utmost important international trade issues, as it not only affects our country' s export, but also related to the sound development of domestic industry. With the accession to the World Trade Organization and economic globalization, reasonably use anti-dumping measures to protect domestic industry, strengthen international competition ability is an important subject to China.The thesis mainly talks about the necessity of perfecting anti-dumping law from the basic theory aspect of anti-dumping legal system. By introducing advanced anti-dumping legislation status, entity regulations and procedural regulations of Europe, America and India, the thesis analyzes our country's anti-dumping legislation shortages and defects.At first, our country's anti-dumping legislation lacks of unity. Our country's anti-dumping legislation level is low, state council only enacted "anti-dumping regulation" in 2001, related matching regulations are scattered, lack of unity.Then, on anti-dumping entity regulation, our country's anti-dumping regulation lack of related regulations, like "normal trade", "comparable price" and export price criteria etc, on finding normal price. In the mean time, the regulation is relatively vague on damage degree identifying criteria, classifying same serial products and defining domestic industry scope.At last, on anti-dumping procedural regulation, our country's anti-dumping management institution's authority is not clear. In this case, it may easily cause the conflict of rights and responsibilities. Meanwhile, our country's anti-dumping self setup mechanism is imperfect, as anti-dumping authority cannot implement anti-dumping research without anti-dumping research applicant. This is unfavorable to preserve domestic manufactures' benefit. In addition, our country's anti-dumping judicial review system is also unreasonable.Our country must reference advanced regulations of Europe, America and India to perfect related regulations, like normal price, comparable price and export price on entity regulation, formulate the criteria of damage degree, specify related factors to set a reference on identifying the same serial products, and consult India's anti-dumping law to expand the scope of domestic industry. On procedural regulation, our country must further specify anti-dumping management institution's authority range; add regulations of anti-dumping self setup mechanism in anti-dumping law, perfect judicial review system. In a word, our country must regulate unified, suitable anti-dumping law urgently according to our real situation.