反倾销法的性质与演进之分析——从WTO竞争法设立的角度

Analysis of the Nature and Evolution of Anti-dumping Law - From the view of establishing WTO competition law

反倾销法属于贸易法的范畴还是竞争法的范畴取决于对反倾销法的本质与功能的认识。从本质上来说,由于反倾销法是调整跨国竞争关系的法律规范,应属于竞争法的范畴,但由于它所具有的贸易保护主义的功用,又经常被认定为贸易法的组成部分。当经济的全球化发展要求在WTO框架下设立独立的竞争规则的时候,反倾销法应回归到竞争法中去,以利于国际竞争法整体规则的建立,并从根本上解决目前反倾销理论及运用中所产生的各种问题。

Whether anti-dumping law belongs to the category of trade law or competition law depends on the recognition of the nature and function of anti-dumping law. Since anti-dumping law is a group of rules, which adjusts the transnational competition relations, it should belong to the category of competition law. However, anti-dumping law has been often believed to be an integral part of trade law because it has the function of trade protection. When the development of economic globalization requires the establishment of an independent set of competition rules within WTO framework, anti-dumping law should be put into the scope of competition law, in order to facilitate the overall establishment of international competition law and to solve various theoretical and practical problems in anti-dumping we are facing today.