Study On The Anti-circumvention Law

By the international financial crisis, the trade protectionism has become popular, manycountries have adopted anti-dumping, anti-circumvention measures for relief of trade, so as toprotect their trade interests, as the world’s rapid rise of trade country--China, also met withmany difficulties in. According to incomplete records, from the beginning of1995China hasrepeatedly been anti-circumvention charges, the most serious in20078months occurred in17cases, in2011, on China’s launch Anti-evading appeal and ruled cases also has more than20.The relevant provisions of international legislation on Anti-circumvention problem with thecurrent WTO system, released in December2008to amend the anti-dumping andcountervailing agreement for the second copy is deleted only about the anti-circumventionclause the first chairman document promulgated in2007November, after the Doha Roundnegotiations on international anti-circumvention legislation the final system has not reached aconsensus. But the legislation on Anti-circumvention utility is self-evident, this problem isalso showing the polarization of the situation, leading developed countries legislation onanti-circumvention rules, perfect, perfect, such as the European Union, the United States ofAmerica, which occupies the dominant position in the global economic environment; on thecontrary, the developing countries legislation lags behind, often subject to power of thesanctions in the import and export trade, and defenseless situation.So, review the anti-circumvention legislation history, understand the importance of theestablishment of the EU, the United States of America, learn the essence of the developedcountries such as the legal, scientific and standardized anti-circumvention behavior, clear ofanti-dumping and anti-circumvention contact, analysis of advantages and disadvantages ofinternational countries legislation on anti-circumvention, comply with the principles of WTO,puts forward suggestions on improving our against avoid, for relief and anti-circumvention isof great significance to improve the international and domestic legislation of China in theinternational trade.This paper is divided into four parts:The first chapter is a detailed overview of the anti-circumvention system. Introduces thedefinition of anti-circumvention behavior, its rationality and validity were determined, and studied the relation of anti-dumping and anti-circumvention, the two complement each other,complement, not respectively concerned, as hereinafter set forth in anti-circumvention legalsystem to lay a solid theoretical foundation.The second chapter is the international anti-circumvention legislation and practice ofinstitutional analysis. Section introduces GATT/WTO, the EU and the United States ofAmerica anti-circumvention classic case of legislative provisions and the specific practice,respectively expounds the advantages and disadvantages of different aspects of each system,the specific objective analysis of the anti-circumvention clause of international mainstream,and have been summarized briefly and. From the specified in the future of China’santi-circumvention legislation road how to emulate the learning, in order to better improveand perfect our own anti-circumvention legal system.The third chapter introduces the present situation of the anti-circumvention system of ourcountry. From a practical point of view, citing the relevant legal anti-circumvention problemto our country, and personal station in our legislation and law enforcement perspective,analyzes the current situation of existing laws and regulations incomplete, list the keyproblems, in order to improve better in the future in foreign trade and enhancing theirdevelopment status.The fourth chapter on Perfecting China’s anti-circumvention system suggestion. Firstintroduced in China shall comply with the legislative principles, the basic direction from theprinciple to start, gradually clarifies the necessity of perfecting our own anti-circumventionlegislation, is not only the need to protect the domestic industry interests, also meet the needsof the world economy in the field of import and export competition. Finally, in perfecting theentity and procedure put forward specific suggestions, entity system is a foundation, canfollow in solving the anti-circumvention issues, to safeguard their own rights and interests;program system is implemented, practical operation link things are also very complicated,requires the development of a number of convenient operation, fast and effective protectionmeasures. This comprehensive text, hope for the construction of our country’s legislation onAnti-circumvention system make some humble.