国际反倾销规则与中国反倾销法律制度的完善

经过近 8年的努力 ,中国已建立了以《中华人民共和国对外贸易法》为基本法 ,以《中华人民共和国反倾销条例》为主要规则 ,包括若干部门规章在内的较为完备的反倾销法律体系。中国反倾销法律制度在基本原则上与WTO的要求上完全一致 ,具体规则方面也与WTO规则大致相符 ,具有先进性和科学性。由于立法及执法时间较短 ,经验还不丰富 ,与国际反倾销规则相比 ,中国反倾销法律制度仍存在某些不足。文章以比较的方法 ,从立法层次、实体规则、反规避措施、司法审查 4个层面对中国反倾销法律制度的完善提出了建议。

The International Anti-dumping Rules and the Amendment to the Chinese Legal System of Anti-dumping

After about eight years of effort, China has successfully established a comparatively mature legal system of anti-dumping, which is composed basically of Law of the PRC on Foreign Trade, of Regulations of the PRC on anti-dumping and of regulations formulated by certain ministries and commissions. The Chinese legal system of anti-dumping, with its progressive and scientific value, is entirely consistent with requirements of the WTO with respect to its bisic principles and is at the same time approximately in accordance with the WTO rules with respect to its actual regulations. However, compared with international rules of anti-dumping, the Chinese legal system of anti-dumping has inevitably some demerits owing to the short length of its legislation and enforcement and its inevitable lack of experience. This article tends to provide, with a method of comparison, some suggestions on the amendment to the Chinese legal system of anti-dumping from four aspects, say legislation, substantive regulations, anti-circumvention measures and judicial review.