关键词: 反倾销, 公共利益原则, 立法, 抗辩, 评估与衡平机制

Abstract:

 It is the public interest principle that creates a new mechanism, supplying the implementation of antidumping investigations as well as measures in the world with a formulaic example that is more rational and more mature. The public interest principle applies itself to the goal that each country' s antidumping starts with protecting its own industries and aims at the overall interest of the community so as to realize this optimization. Since the public interest principle embodies a tendency of development in antidamping, many countries, for instance, Canada, and many organizations such as European Union and WTO, in the legislation of antidumping, successively take the public interest principle into account. China' s legislation on the confirmation of the public interest principle marks her progress of antidamping system in legislative concepts and technologies. But, due to the notsoflexible regulations on the public interest principle in the promulgated legal documents, the legislation abovementioned does not reflect fully the value of the public interest principle nor play its due role. What' s more, it also lacks of operability. In order to strengthen the public interest principle in antidumping, it is necessary to make the following suggestion. On the one hand, the regulations on public interests in antidamping should be further improved; and on the other hand, an independent interrogation in the examination of antidumping should be put into effect. At the same time, more attention in antidumping responding should be paid to the demurrer of public interests and the improvement of evaluation and balancing mechanism.

Key words: evaluation and balancing mechanism, anti dumping, public interest principle, legislation, demurrer