论我国反倾销日落复审制度的完善-宪法学与行政法学专业论文.docxVIP

Abstract From the draft of The Foreign Trade Law of the Peoples Republic of China in 1982 to the anti-dumping regulations in 2002, China has established its Anti-dumping legal system. However, there are still many deficiencies existed because of many reasons such as some over- abstract relevant provisions and lacking of necessary implementation details. It is these defects that lead to the imperfection of the antidumping sunset review procedures and serious impact on Chinas WTO accession commitments and setting up favorable international image. Although antidumping sunset review system in our country owns a complete set of processes throughout the participation subject and the review, anti-dumping sunset review system problems existed because of the problems of the legal system itself. Firstly, In terms of entities, the sunset anti-dumping review of the legal basis of law is too low, causing an impression that not value compared with other WTO members. Besides, there are some ambiguous rules on the sunset review in Anti-dumping regulations. In addition to lacking of legal terms, Initiative launched by the competent authority of the review proceedings shall lack of specific standards, the rules for the scope of the interested party are also narrow. Secondly, in terms of procedures, Because of lacking of separate procedural rules, the sunset anti-dumping review can only consult to the original anti-dumping investigation procedure. However, there are some substantial differences on Anti-dumping sunset review and original anti-dumping investigation procedure no matter for the scope or the respondent of the investigation. Thus, it’s improper to consult to the original anti-dumping investigation procedure. Dumping investigation procedure does not provide enough opportunities for consumers to participate, and it is not consistent with the aim of the WTO pursued and the Chinas WTO accession commitments. Perfecting our anti-dumping sunset review is not only the requirements