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1、 1 保密级别：内部 学位级别：硕士 论文提交日期：2002 年 4 月 论文答辩日期：2002 年 5 月 论文中文题名：加入 WTO 与我国反倾销立法研究 论文英文题名：Accession to WTO at the aspect of developing trend, anti- dumping actions around the world grow more and more with strong and potential tendency and China, which has been the material target of anti- dumping, suff
2、ers more from it. From 1987 to 1997, the members of WTO initiated 2215 anti- dumping cases hereinto 264 aimed at China, occupying 11.9%. It deserves to be mentioned that while China suffers from the anti- dumping sanctions by advanced western countries, it experiences from the anti- dumping investig
3、ations and law suits by developing countries as well. In 1991, Japan first brought ferrosiliconmangan into anti- dumping case on China and levied an anti- dumping duty in 1993 for the first time. At the early 1993, South Korea for the first time in history 5 levied an anti- dumping duty on refined p
4、hosphoric acid. In 1992, New Zealand levied an anti- dumping duty on men s and women s shoes exported from China. After that, Mexico began anti- dumping investigation on 14 commodities, Brazil began anti- dumping investigation on barium carbonate, Argentina began anti- dumping investigation on polye
5、ster- mixed cotton cloth for shirts, Turkey began anti- dumping investigation on bacteriophage, India began anti- dumping investigation on medicine, Columbia began anti- dumping investigation on textile and other commodities, and Chile, Thailand, Nigeria and other developing countries also joined in
6、to the anti- dumping towards China separately. Therefore, it is a necessary choice to use the anti- dumping measures regulated by WTO to legally protect and save our quotas in domestic and overseas market. In 1997, nine daily paper mills of our country together began anti- dumping investigation towa
7、rds the foreign daily paper mills, which was the first time that we protected our legal interests by taking anti- dumping and resulted well. By taking this case as an example, other traditional industries like iron and steel, chemical fiber, and chemical industry etc., which had been suffering from
8、dumping of great deal of foreign like commodities separately submitted anti- dumping applications for protecting their legal interests from violation, which fully invigorated the mutual cooperation and activity to respond to an action of the domestic enterprises and made us a better understanding of
9、 legislation on anti- dumping. According to the above said we could see that the legislation on anti- dumping of our country starts late with ambiguous content and characterizes with worse maneuverability, and also that lack of anti- dumping consciousness is the generally week points or shortcomings
10、 of domestic enterprises. What on earth is dumping? What does dumping bring to us? How come shall we join into the anti- dumping queue? How about our legislation on anti- dumping upon accession to WTO? This article is to tell you how to fight against anti- dumping investigation by exercising rights
11、and powers regulated by WTO. This article is divided into three parts. The first part concerns about the survey of anti- dumping investigation towards commodities of our country in 6 recent years. It contains two compositions: first composition briefly tells the conception of anti- dumping and histo
12、ry of legislation; second composition gives account of the affects on economy of our country by dumping, mainly tells the negative affects. Dumping has an exactly opposite effect which could be seen by levying a high anti- dumping duty which not only harms exporting goods to earn foreign currency, b
13、ut also impacts the domestic and international market quotas. The second part analyses the reasons and features of anti- dumping towards commodities of our country, which also contains two compositions: first composition analyses the reasons of anti- dumping towards commodities of our country object
14、ively and subjectively and why this country becomes the target for all at the aspects of economy and politics; second composition gives accounts of the features of anti- dumping towards our commodities: larger quantity, bigger object matter, wider scope and constantly increased duty rates. The third
15、 part is about the measures we adopted under WTO, also the key part of this article, which is composed of three compositions: it tells the legislation on anti- dumping and analyses the differences between legislation on anti- dumping under WTO and previous legislation, the improvement and how to ide
16、ntify it with dumping during the concrete operations etc. in the first composition; the second composition says the improvement and completion of the anti- dumping legislation of our country, it displays the existing defects and shortage in anti- dumping legislation of our country and the margin compared with WTO regulations firstly and then gives advices on the above said defects and shortage; the third composition tells ab
