論反傾銷反補(bǔ)貼中的累積評估制度
發(fā)布時(shí)間：2019-01-02 18:50
【摘要】：累積評估,是指在進(jìn)口國在對他國的進(jìn)口產(chǎn)品進(jìn)行反傾銷或反補(bǔ)貼的調(diào)查過程中,調(diào)查機(jī)構(gòu)在確定受調(diào)查的產(chǎn)品對其國內(nèi)的相關(guān)產(chǎn)業(yè)是否造成損害時(shí),如果來自不同的國家或地區(qū)的受調(diào)查的產(chǎn)品之間相互競爭,且受調(diào)查產(chǎn)品與國內(nèi)的同類產(chǎn)品之間也存在競爭關(guān)系,那么調(diào)查機(jī)構(gòu)將對這些受調(diào)查產(chǎn)品作為一個(gè)整體來累積評估其對國內(nèi)產(chǎn)業(yè)的影響。累積評估制度是由美國首創(chuàng),其后被WTO規(guī)則吸收接納,成為現(xiàn)如今反傾銷、反補(bǔ)貼調(diào)查案件中的一項(xiàng)常規(guī)制度,但由于WTO規(guī)則中對于累積估的規(guī)定較為籠統(tǒng),因此各國國內(nèi)法中對于累積評估制度的規(guī)定不盡相同,在反傾銷反補(bǔ)貼調(diào)查中各國的調(diào)查機(jī)構(gòu)對于累積評估制度的實(shí)踐操作更是各有差異。 交叉累積評估是累積評估的一種特殊形式,其通常包含兩種情況:一是將一些受反傾銷調(diào)查的國家的進(jìn)口產(chǎn)品與另一些受反補(bǔ)貼調(diào)查的國家的進(jìn)口產(chǎn)品進(jìn)行累積評估;另一種情況是同一個(gè)國家的進(jìn)口產(chǎn)品同時(shí)接受反傾銷調(diào)查和反補(bǔ)貼調(diào)查時(shí),對該國的傾銷產(chǎn)品和受補(bǔ)貼產(chǎn)品進(jìn)行累積評估。由于WTO規(guī)則和各國的國內(nèi)法中均沒有授權(quán)可以適用交叉累積評估制度,且交叉累積評估制度的適用不利于公平貿(mào)易,因此學(xué)術(shù)界對于交叉累積評估制度的批評聲頗多。 本文主要分四章來對反傾銷、反補(bǔ)貼調(diào)查中的累積評估制度進(jìn)行了闡述:第一章主要是對累積評估制度進(jìn)行一般分析,從累積評估制度的歷史由來、基本內(nèi)涵,以及適用累積評估制度的程序規(guī)程,適用累積評估制度對國際貿(mào)易帶來的影響四個(gè)方面對累積評估制度進(jìn)行了分析;第二章主要是比較分析了美國和歐盟對于累積評估的國內(nèi)規(guī)則和實(shí)踐操作,著重分析了其國內(nèi)調(diào)查機(jī)構(gòu)對于“競爭條件”、“同受調(diào)查”,以及“可忽略不計(jì)的進(jìn)口”等諸多因素的判定標(biāo)準(zhǔn);第三章介紹分析了累積評估制度中的交叉累積評估制度,并在WTO框架下對于交叉累積評估制度的合法性進(jìn)行了分析;最后一章,主要是對我國的累積評估制度的分析,分析了我國現(xiàn)有的法律規(guī)定以及我國商務(wù)部在實(shí)踐中對該制度的具體適用,最后對于我國應(yīng)當(dāng)如何完善累積評估制度的規(guī)定、實(shí)踐中如何更好的利用累積評估制度來保護(hù)我國國內(nèi)產(chǎn)業(yè),以及如何應(yīng)對外國對我國適用交叉累積評估制度等問題提出些許建議。
[Abstract]:Cumulative assessment means that in the process of investigating anti-dumping or countervailing products imported by the importing country, the investigative body determines whether the product under investigation has caused harm to the relevant industries in the country, If the products under investigation from different countries or regions compete with each other, and if there is a competitive relationship between the products under investigation and the products of the same kind in the country, The survey agencies will assess the impact of the products as a whole on the domestic industry. The cumulative assessment system was first created by the United States and later accepted by the WTO rules as a routine system in anti-dumping and countervailing investigation cases. However, because of the general provisions of the WTO rules on cumulative assessment, Therefore, the provisions of accumulative assessment system are different in the domestic law of different countries, and the practice of accumulative assessment system is different in the investigation of anti-dumping and countervailing. Cross-cumulative assessment is a special form of cumulative assessment, which usually includes two situations: one is to carry out cumulative assessment of imports from some countries subject to anti-dumping investigations and imports from other countries subject to countervailing investigations; Another case is a cumulative assessment of the dumped and subsidized products of the same country when they are subject to both anti-dumping and countervailing investigations. Because there is no authorization in the WTO rules and the domestic laws of various countries to apply the cross-cumulative assessment system, and the application of the cross-cumulative assessment system is not conducive to fair trade, there is a lot of criticism about the cross-cumulative assessment system in academic circles. This article is divided into four chapters to explain the accumulative evaluation system in anti-dumping and countervailing investigation: the first chapter is the general analysis of the cumulative evaluation system, from the historical origin of the cumulative evaluation system, the basic connotation. As well as the procedure of applying the cumulative assessment system and the impact of the application of the cumulative assessment system on international trade, the paper analyzes the cumulative assessment system in four aspects; The second chapter mainly analyzes the domestic rules and practice of cumulative assessment in the United States and the European Union, focusing on the analysis of "competitive conditions" and "co-investigated" by their domestic investigation agencies. And "negligible imports" and many other factors; The third chapter introduces and analyzes the cross-cumulative assessment system in the cumulative assessment system, and analyzes the legitimacy of the cross-cumulative assessment system under the framework of WTO. The last chapter mainly analyzes the accumulative assessment system of our country, analyzes the existing laws and regulations of our country and the concrete application of this system in practice by the Ministry of Commerce of our country, and finally, the provisions on how to perfect the accumulative assessment system in our country. In practice, how to better use the cumulative assessment system to protect our domestic industry, and how to deal with foreign countries to apply the cross-cumulative assessment system to China and other issues put forward some suggestions.
【學(xué)位授予單位】：華東政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D996.1
[Abstract]:Cumulative assessment means that in the process of investigating anti-dumping or countervailing products imported by the importing country, the investigative body determines whether the product under investigation has caused harm to the relevant industries in the country, If the products under investigation from different countries or regions compete with each other, and if there is a competitive relationship between the products under investigation and the products of the same kind in the country, The survey agencies will assess the impact of the products as a whole on the domestic industry. The cumulative assessment system was first created by the United States and later accepted by the WTO rules as a routine system in anti-dumping and countervailing investigation cases. However, because of the general provisions of the WTO rules on cumulative assessment, Therefore, the provisions of accumulative assessment system are different in the domestic law of different countries, and the practice of accumulative assessment system is different in the investigation of anti-dumping and countervailing. Cross-cumulative assessment is a special form of cumulative assessment, which usually includes two situations: one is to carry out cumulative assessment of imports from some countries subject to anti-dumping investigations and imports from other countries subject to countervailing investigations; Another case is a cumulative assessment of the dumped and subsidized products of the same country when they are subject to both anti-dumping and countervailing investigations. Because there is no authorization in the WTO rules and the domestic laws of various countries to apply the cross-cumulative assessment system, and the application of the cross-cumulative assessment system is not conducive to fair trade, there is a lot of criticism about the cross-cumulative assessment system in academic circles. This article is divided into four chapters to explain the accumulative evaluation system in anti-dumping and countervailing investigation: the first chapter is the general analysis of the cumulative evaluation system, from the historical origin of the cumulative evaluation system, the basic connotation. As well as the procedure of applying the cumulative assessment system and the impact of the application of the cumulative assessment system on international trade, the paper analyzes the cumulative assessment system in four aspects; The second chapter mainly analyzes the domestic rules and practice of cumulative assessment in the United States and the European Union, focusing on the analysis of "competitive conditions" and "co-investigated" by their domestic investigation agencies. And "negligible imports" and many other factors; The third chapter introduces and analyzes the cross-cumulative assessment system in the cumulative assessment system, and analyzes the legitimacy of the cross-cumulative assessment system under the framework of WTO. The last chapter mainly analyzes the accumulative assessment system of our country, analyzes the existing laws and regulations of our country and the concrete application of this system in practice by the Ministry of Commerce of our country, and finally, the provisions on how to perfect the accumulative assessment system in our country. In practice, how to better use the cumulative assessment system to protect our domestic industry, and how to deal with foreign countries to apply the cross-cumulative assessment system to China and other issues put forward some suggestions.
【學(xué)位授予單位】：華東政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D996.1
【參考文獻(xiàn)】
相關(guān)期刊論文 前7條
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