反傾銷歸零法律問(wèn)題研究
發(fā)布時(shí)間：2019-04-30 20:26
【摘要】：近年來(lái),反傾銷“歸零法則”日益成為反傾銷調(diào)查中的一個(gè)熱點(diǎn)問(wèn)題。它被以美國(guó)為代表的少數(shù)國(guó)家在國(guó)內(nèi)反傾銷調(diào)查過(guò)程中屢屢使用,在國(guó)際貿(mào)易的實(shí)踐中一直受到各其他多數(shù)會(huì)員國(guó)的不滿和爭(zhēng)議。自1997年“印度訴歐共體床單反傾銷案”以來(lái),有關(guān)反傾銷歸零的案件在WTO爭(zhēng)端解決機(jī)構(gòu)那里一直未斷。雖然專家小組和WTO爭(zhēng)端解決機(jī)構(gòu)在許多個(gè)案例中都對(duì)“歸零法則”的使用作出了否定性的裁定,但是也僅僅只是讓使用歸零法的國(guó)家稍稍收斂一些,以一個(gè)低一些的關(guān)稅替代之前的天價(jià)關(guān)稅,并沒(méi)有從根本上遏止住這種不公平計(jì)算方法的使用。相關(guān)爭(zhēng)議也一直沒(méi)有停止,這種“歸零法”的使用在一些國(guó)家屢禁不止的原因是多方面的,但最關(guān)鍵的原因是,在WTO關(guān)于反傾銷的相關(guān)立法文件中,許多地方規(guī)定的不夠具體,模棱兩可,存在漏洞,于是就給了那些貿(mào)易保護(hù)主義者以可乘之機(jī)和為自己辯護(hù)的口實(shí) 隨著對(duì)外開放程度的日益加大,中國(guó)也逐漸成為國(guó)際貿(mào)易中的關(guān)鍵角色,當(dāng)然也就不可避免的成為受“歸零法則”侵害最為嚴(yán)重的國(guó)家之一,國(guó)內(nèi)的許多出口型貿(mào)易企業(yè)就成為了犧牲品,慢慢的淡出國(guó)際市場(chǎng),這也使我們國(guó)家損失了很多參與國(guó)際分工和賺取外匯的機(jī)會(huì)。然而,更為不容樂(lè)觀的狀況是,目前中國(guó)國(guó)內(nèi)對(duì)于在反傾銷調(diào)查中使用“歸零法則”的相關(guān)問(wèn)題研究仍然處在一個(gè)相對(duì)落后的階段,一些學(xué)術(shù)理論方面的著作雖不算少,但大多數(shù)都是以介紹和評(píng)論相關(guān)案例為主,或者僅僅涉及“歸零法則”的個(gè)別方面,較少有對(duì)“歸零法則”進(jìn)行系統(tǒng)的介紹,這將是本文論述的重點(diǎn)。文中也摘取了兩個(gè)典型案例進(jìn)行了評(píng)析,頭一尾漸近式的展現(xiàn)了反傾銷中“歸零法則”在具體實(shí)踐過(guò)程中的遭遇,并以此為基礎(chǔ),最后將我國(guó)首次向WTO爭(zhēng)端解決機(jī)構(gòu)告訴,原因是受到美國(guó)反傾銷調(diào)查中使用“歸零法”的不公平待遇的案件進(jìn)行了簡(jiǎn)單的評(píng)析和預(yù)測(cè)。 本文共分五部分,第一部分介紹了反傾銷“歸零法則”的相關(guān)理論,包括“歸零法則”的概念、種類和本質(zhì),第二部分介紹了“歸零法則”的具體應(yīng)用。第三部分選取了三個(gè)典型的“歸零法則”的案例加以介紹；重點(diǎn)的第四部分,對(duì)“歸零法則”進(jìn)行了違法性分析；最后的第五部分,對(duì)我國(guó)以后如何免受“歸零法則”的侵害提出了幾點(diǎn)建議。
[Abstract]:In recent years, the "return to zero rule" of anti-dumping has increasingly become a hot issue in anti-dumping investigation. It has been frequently used in domestic anti-dumping investigations by a few countries represented by the United States and has been dissatisfied and disputed by most other member States in the practice of international trade. Since the Anti-dumping case of India v. EC sheet in 1997, the case of anti-dumping returning to zero has not been broken in the WTO dispute settlement body. Although the Panel of experts and the WTO dispute settlement body have made negative decisions on the use of the "return to zero" rule in many cases, it has only allowed countries using the law of return to zero to converge a little bit. Replacing the previous tariff with a lower tariff did not fundamentally curb the use of this unfair method of calculation. The related disputes have not been stopped, and the use of this "returning to zero law" has many reasons for repeated prohibitions in some countries, but the most crucial reason is that in the relevant legislative documents of the WTO on anti-dumping, many local regulations are not specific enough. Because of ambiguity and loopholes, China has gradually become a key player in international trade as protectionists are given the opportunity to take advantage of it and defend themselves. With the increasing openness to the outside world, China has become a key player in international trade. Of course, it will inevitably become one of the countries most seriously affected by the rule of returning to zero, and many domestic export-oriented trading enterprises have become victims and gradually fade out of the international market. This also cost our country a lot of opportunities to participate in the international division of labor and earn foreign exchange. However, the more unoptimistic situation is that at present, the domestic research on the use of the "return to zero rule" in anti-dumping investigations is still in a relatively backward stage, and some academic theoretical works are still in a relatively backward stage, although there are quite a few works on some academic theories. However, most of them focus on introducing and commenting on the relevant cases, or only involve the individual aspects of the "return to zero rule", and rarely systematically introduce the "return to zero rule", which will be the focus of this paper. In this paper, two typical cases are also selected and analyzed. The first and last step-by-step approach shows the encounter of the "return to zero rule" in the concrete practice of anti-dumping, and based on this, finally, it tells the WTO dispute settlement body for the first time that our country has been told to the dispute settlement body of China for the first time. The reason is that the unfair treatment cases using the "return to zero law" in the anti-dumping investigation of the United States are simply evaluated and predicted. This paper is divided into five parts. The first part introduces the relevant theories of anti-dumping "return to zero rule", including the concept, type and essence of "return to zero rule", and the second part introduces the concrete application of "return to zero rule". The third part selects three typical cases of "return to zero rule" to introduce; the fourth part focuses on the illegal analysis of "returning to zero rule"; In the last part, the author puts forward some suggestions on how to avoid the rule of return to zero in the future.
【學(xué)位授予單位】：遼寧大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2012
【分類號(hào)】：D996.1
本文編號(hào)：2468994
[Abstract]:In recent years, the "return to zero rule" of anti-dumping has increasingly become a hot issue in anti-dumping investigation. It has been frequently used in domestic anti-dumping investigations by a few countries represented by the United States and has been dissatisfied and disputed by most other member States in the practice of international trade. Since the Anti-dumping case of India v. EC sheet in 1997, the case of anti-dumping returning to zero has not been broken in the WTO dispute settlement body. Although the Panel of experts and the WTO dispute settlement body have made negative decisions on the use of the "return to zero" rule in many cases, it has only allowed countries using the law of return to zero to converge a little bit. Replacing the previous tariff with a lower tariff did not fundamentally curb the use of this unfair method of calculation. The related disputes have not been stopped, and the use of this "returning to zero law" has many reasons for repeated prohibitions in some countries, but the most crucial reason is that in the relevant legislative documents of the WTO on anti-dumping, many local regulations are not specific enough. Because of ambiguity and loopholes, China has gradually become a key player in international trade as protectionists are given the opportunity to take advantage of it and defend themselves. With the increasing openness to the outside world, China has become a key player in international trade. Of course, it will inevitably become one of the countries most seriously affected by the rule of returning to zero, and many domestic export-oriented trading enterprises have become victims and gradually fade out of the international market. This also cost our country a lot of opportunities to participate in the international division of labor and earn foreign exchange. However, the more unoptimistic situation is that at present, the domestic research on the use of the "return to zero rule" in anti-dumping investigations is still in a relatively backward stage, and some academic theoretical works are still in a relatively backward stage, although there are quite a few works on some academic theories. However, most of them focus on introducing and commenting on the relevant cases, or only involve the individual aspects of the "return to zero rule", and rarely systematically introduce the "return to zero rule", which will be the focus of this paper. In this paper, two typical cases are also selected and analyzed. The first and last step-by-step approach shows the encounter of the "return to zero rule" in the concrete practice of anti-dumping, and based on this, finally, it tells the WTO dispute settlement body for the first time that our country has been told to the dispute settlement body of China for the first time. The reason is that the unfair treatment cases using the "return to zero law" in the anti-dumping investigation of the United States are simply evaluated and predicted. This paper is divided into five parts. The first part introduces the relevant theories of anti-dumping "return to zero rule", including the concept, type and essence of "return to zero rule", and the second part introduces the concrete application of "return to zero rule". The third part selects three typical cases of "return to zero rule" to introduce; the fourth part focuses on the illegal analysis of "returning to zero rule"; In the last part, the author puts forward some suggestions on how to avoid the rule of return to zero in the future.
【學(xué)位授予單位】：遼寧大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2012
【分類號(hào)】：D996.1
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