论WTO《反倾销协议》公共利益条款的缺陷及完善

The Defect and Perfection of Public Interests Atem in The World Trade Organization's Anti-dumping Agreement

公共利益问题是近年来关于反倾销法讨论的热点问题。尽管世界贸易组织《反倾销协议》也有关于公共利益的规定,但是其在立法上的缺陷仍然是比较明显的。应该进一步完善《反倾销协议》的公共利益条款,扩大相关利害关系方的范围,强调倾销产品工业用户的利益,从而避免《反倾销协议》成为纯粹的国内产业的保护手段。

The questions of public interests are hot questions about the antidumping law discussion in recent years. Though the World Trade Organization＇s Anti-dumping Agreement has provisions on public interests, but it also has obvious defect of legislating. The public interests clause of Anti-dumping Agreement should be further perfected, expanding the relevant stake in the square range, putting emphasis on dumping the interests of the industrial user of the products, so as to prevent Anti-dumping Agreement from becoming the pure domestic industry protection means.