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Third, consummates our country instead dumping method suggestion
"Instead Dumps Rule" appearing, was complied with our country economy need to develop, after was our country joins WTO to carry on the revision gradually to our country law an aspect, was our country legislates a certificate which the technology enhanced unceasingly. Must say that, instead the dumping method formulation extremely has the significance. But, we also should see to, instead dumps the practice constrained by us not to be many, but also has other many realistic questions, promulgated newly instead dumps the law still to have very many insufficiencies. Conceivable, enters WTO along with our country, the opportunity which the foreign enterprise and our country each domain enterprise face-to-face engages in a contest increases unceasingly, we instead dump the law while to play its role also to be able to expose its insufficiency day by day. Therefore, the author believed, must positively begin instead the dumping method revision work. In the revision process, we may consider following several aspects:
1st, the enhancement instead dumps the law "the scale". As mentioned above, our country "Instead Dumps Rule" the administrative rules and regulations which promulgates for the State Council, this kind of administrative rules and regulations potency was inferior to after all the NPC and its Standing Committee promulgate law. Reflects this, unifies our country several to rebel dumps the investigation case the practice, in present "Rule" in the foundation, speeds up studies and formulates to promulgate by way of the Standing Committee of the National People's Congress instead dumps the law, regarding promotes the our country instead dumping method unceasing consummation and the tendency stable, and with international connects rails extremely is all important.
2nd, necessary laws and regulations consummation. Our country except special appears instead to dump the rule, but also should consider to the laws and regulations between the mutual function and the influence relations. Our country to "Price method", "Counter- not Improper , "Foreign Trade law" and "about Punishment Low price Exportation Behavior Temporary provisions" and so on the law also must make the corresponding revision. For example, in "about Punishment Low price Exportation Behavior Temporary provisions" center must fully supplement dumps the product to the low price enterprise's legal liability and the sanction measure. Engages in factional strife mutually to the exportation enterprise, the low price competition procedure gives the strict sanction, by maintains the exportation order, the attack dumps the behavior. But when consummation "Price method", must adjust about the price regulation fund system stipulation. In the nation or a province formulation unified price regulation fund system stipulation, causes it to move towards , the standardized track gradually. (7)
3rd, causal relation and supplemental condition. GATT "in 1994 Instead Dumped Agreement" to and dumps with the harm between the causal relation adopts has enumerated the type and removes the procedure which the type unified, namely had to examine submits for the authority all correlations evidence, besides dumped the product abreast in row, at the same time creates the harm to the home industry other factors, like must dumping price exportation import product quantity and price, domestic demand reduction or expense pattern change and so on. These all are is worth in revising our country instead to dump in the law to give to profit from. But regarding supplemental condition, author then believed, the degree which the essential supplemental condition, such as to the national overall benefit consideration, the domestic consumer because this product is levied possibly instead dumps which the tax but to increase the burden and the home industry receives harms to compare and so on, is beneficial in: (1) increases in the related investigation authority actual operation the flexibility; (2) avoids because one-sidedly protecting some industrial department but to incur the national overall benefit, the foreign trade general situation as well as the general consumers benefit heavy loss; (3) is advantageous in our country strengthens the foreign trade economy negotiations, because levies instead dumps the method which the tax only, most first resisting dumps by no means. Certainly, right "the supplemental condition" must strictly perform to limit, by prevented the related investigation department is subjective at will, enhancement instead dumping method solemnity and authority.
4th, further is clear about with the standard instead dumps the investigation procedure. (1) explicitly stipulates "the applicant", "the State Council department concerned", "the formidable relational side" and so on the stipulation; (2) according to "Agreement" the stipulation, consummates our country instead to dump the reexamination and the examination system; (3) in the investigation procedure, the competent authority must to the litigant disclose the important fact, enable the litigant to have the full time to express the opinion, states the view, provides the correlation the material in order to greatest degree to guard own lawful right. This is the various countries stipulated, our country also so. But our country to what is "the important fact" has not made the explicit stipulation actually, our country instead dumps the law to be supposed to have the concrete operation standard regarding this. (4) refers to "Agreement" the 10th stipulation further explicitly to trace the taxation the potency, the deadline, the procedure and the limit and so on; (5) further explicitly stipulated instead dumps the case in investigation process deadline, various departments investigate the deadline which and makes rules initially, the State Council customs duty tariff regulation committee according to foreign trade department's suggestion make whether agreed levies (temporary) instead dumps the tax the deadline, in the peculiar circumstance may lengthen the stage stipulation which the investigation or makes rules, stops or the termination instead dumps the investigation the potency deadline, the reexamination and the examination as well as drafts tax reimbursement deadline and so on.