论反倾销法损害确定中因果关系的认定-法律学专业论文.docxVIP

贵州大学硕士研究生学位论文 贵州大学硕士研究生学位论文 Brief.exploration.of.the.determination.of.the.causal.re -lationship.of.determination.of.injury.in.the.Anti – dumping.Law Tao Chang hua Summary Abstract: The criterion for the causal relationship between dumping and damages is one of the key factors in the case of anti - dumping. There are two standards in the dispute，namely，the Contributory Cause and the Principle Cause. The Legislation and practice dealing with the causal relationship in terms of GATT/WTO and America，are actually the consequences of the conflict among the trade policies. The author in this thesis holds the view of determining the criterion of the Contributory Cause in the legislation of the anti - dumping should be on the basis of the protective foreign trade policy in China。This thesis tries to determine the damage from the anti-dumping laws in the Causation methods，under this basic，the author begin to explore the causal relationship between the different standards identified unde.the EU and the USA。Then，give some legislation and practice recommendations. on Chinas anti-dumping。 The first section describes the basic.content of determination.of.injury in the anti-dumping,explaing.the.status.and.function.of.determination.of.injury.in.anti-dump -ing law.；The second part.discussed the historic development of criteria for causation determination in GATT/WTO Regime.and .identified three aspects should be included in the content ； The third part introduces basic views and comments on the determination of causation in Doha Round.and the main point of view including China ； The fourth part discussed the determination of causation ： legislation and practice of the EU and the USA .and in response to anti-dumping on the success of the position and experience .The fifth part are some thoughts on improving Chinas legislation and practice concerning the determination of causation. including: recommendation on improving Chinas legislation concerning the determination of cau