反倾销法律中的不公平性研究.docVIP

硕士学位论文题目 反倾销法律中的不公平性研究 专 业：法律硕士 申请人：朱希嘉 导 师：谢石松教授 答辩委员会委员组成（签名） 主 席： 委 员： 摘 要 世组织nti-dumping measures lies in Agreement on Anti-dumping Measures of WTO and domestic anti-dumping laws or regulations of different countries. However, the abuse of anti-dumping measures is also derived from the distorted and arbitrary interpretation of some unfair、ambiguous clauses of these legal papers and domestic anti-dumping laws. In determination of the dumped price sale, the authorities intentionally adopt different unfair calculating methods and distort the normal price of investigated products in order to prove the existence of dumped sales of imported products. At the same time, the theory of “non-market economy” and “surrogate country policy” are still upheld in anti-dumping law by certain western countries. These unfair practices set the dumped price on purpose and disrupted the fair trade order to a certain extent. In determination of injury, the authorities intentionally apply unfair criteria in defining the factors, such as number of imported product、like product、domestic industry. In this way, the cause of injury can be mainly attributed to the low-price imported products, and the function of other factors injuring the related domestic industry at the time is purposely neglected. The motive is to transfer the operation risk and losses of domestic industry to the foreign exporters and producers, meanwhile the market share of domestic products can be protected. In the procedure of anti-dumping investigation, the authorities take the advantage of the vague articles of anti-dumping law and misuse the right of discretion in determining the qualification of appliers、the adequacy of evidence and abuse of BIA rules for the convenience of initiation of anti-dumping investigation. On one hand, it can lower the sale of imported products in domestic market and deprive the exporters and foreign producers of their legal rights and interests, on the other hand, it can protect