试析反倾销应诉中“市场经济地位”的争取

Analysis on Fighting for "The Position of the Market Economy" in Response to the Arbitrage of Anti-dumpling

反倾销作为一种行政裁决处罚措施,其特征是程序性强,处理周期长,在反倾销行政主管当局做出终裁后,还有可能进一步进入司法复审程序。就我国的受调查企业而言,在一系列应诉程序中,通常会涉及到一个极其重要的问题——争取“市场经济地位”问题。事实上．这一问题已经成为困扰我国企业出口的瓶颈,面对严峻的被提起反倾销的形势,本文拟就我国企业应诉时如何争取“市场经济地位”．作一些粗浅的探讨。

As a kind of measure for executive arbitrage punishment, anti-dumpling has the characteristics of firm formality, long period of management, and the possibility of further involvement in the procedure of judicial review after the executive authority of antidumpling made the final arbitrage. As far as the investigated enterprises in our country are concerned, it is usually related to a very important issue - the issue of winning the position of the market economy during a series of procedures of litigation. In fact, this issue has become a choke point to encumber our enterprise exportation. Before the proposed severe situation of anti-dumpling, the article tries to make a rough discussion on how to get ＂the position of market economy＂ when the enterprises in our country respond to the arbitrage.