完善反规避立法,预防变相倾销

Perfect Anti-circumvention Law-making to Prevent Disguised Dumping

由倾销与反倾销冲突衍生的规避反倾销措施与反规避反倾销措施正越来越受到各国的关注。我国在相关立法中对反规避进行了规范,但与美国和欧盟的反规避立法相比尚有较大差距。为赶上世界反规避立法水平,使我国企业能够更好地参与国际竞争,我国可从以下几个方面来完善我国反规避立法:1.明确规避与反规避的概念;2采取例举法明确规定规避行为的种类。3.健全反规避措施的程序;4.明确反规避规则的空间效力。

More and more countries are paying attention to the measures of circumvention of anti-dumping and the measures of anti-circumvention and anti-dumping which have been taken during the practices of dumping and anti-dumping. China has made laws of anti-circumvention, but has a long way to go compared with the United States and the European Union. To perfect anti-circumvention law-making the following points should be taken into consideration: to know clearly the definitions of circumvention and anti-circumvention, to make a complete list of circumvention behaviors by examples, to have a perfect process to work out anti -circumvention measures, and to draw a clear boundary of the authentic space where anti-circumvention laws are practiced.