| “There is no justice without disclosure”,Information disclosure system is the core of Procedural Law,and Procedural Law is the fundamental way to realize substantive rights,if we do not pay attention to the procedural law and the information disclosure system,then the entity justice will be difficult to achieve.In the past,most of China’s anti-dumping studies focused on substantive law rather than procedural law,belittling the role of Procedural Law itself,which led to the failure of China’s anti-dumping cases in the WTO Dispute Settlement Body due to procedural matters,In fact,in the field of anti-dumping law,we should pay more attention to the role of Procedural Law Constraints and Balance.Since the administrative authorities of the importing country have always been in a dominant position in the anti-dumping administrative procedure,and since the interests of the plaintiff in an anti-dumping case are directly related to the national interests of the administrative authorities,therefore,it will lead to the administrative procedure of anti-dumping with bias.If the lack of procedural law at this time,then the administrative power will be unlimited expansion,and ultimately affect the outcome of the ruling.If the information disclosure of the case is effectively implemented,the high transparency of the procedure will effectively limit the discretion of the Administrative Authority,thus achieving the fairness and justice of the anti-dumping administrative procedure.Therefore,information disclosure is very important to the anti-dumping administrative procedure,and the legitimacy of the procedure directly affects the final fairness and justice of the case.This is also the reason why this paper discusses the system of information disclosure.The first part of this article mainly discusses the research background and significance of the anti-dumping information disclosure system,At the same time,this paper makes a literature review on the related research of anti-dumping information disclosure.The second part introduces the system of information disclosure through the origin of anti-dumping,and then analyzes the value of information disclosure itself,that is,the higher the degree of information disclosure,the higher the transparency of anti-dumping administrative procedure,the anti-dumping procedure would be more just.The third part mainly introduces the main content of the anti-dumping information disclosure system.By analyzing the articles of WTO anti-dumping agreement,this paper analyzes the subject of disclosure,the scope of disclosure,the way of disclosure and the legal consequences of untruthful disclosure.The fourth part mainly elaborates the confidential information in the information disclosure.Because of the ambiguity of WTO anti-dumping agreement itself,the confidential information is often abused in practice,which leads to the injustice of the case.Starting with the case of Sino-EU fastening case,this paper focuses on the analysis of the composing conditions of confidential information and the judging criteria of just cause,and discusses the decision right of future confidential information.In the fifth part,this paper puts forward some suggestions on the improvement of our current anti-dumping information disclosure system by comparing the advantages and disadvantages of the information disclosure system of the United States and the European Union and combining the current situation of our information disclosure system.The suggestions include the legislative trend of information disclosure system,the classification of confidential information,diversification of disclosure methods and the procedure of correcting incomplete disclosure,as well as the establishment of anti-dumping Information Tracking Warning System. |
