印度反倾销法研究

发布时间：2018-06-29 00:54

本文选题：印度 + 反倾销法　；参考：《南京师范大学》2012年硕士论文

【摘要】：改革开放以来,中国在世界经济和贸易中的地位不断上升,进出口总贸易额跃居世界前列,但同时,作为一个新兴的制造业和贸易大国,中国已成为世界反倾销运动最大的受害国。印度作为新兴的发展中大国,在经济发展上也取得了举世瞩目的成就。中印两国贸易源远流长,但是由于种种原因,印度频繁向中国挥舞反倾销大棒,严重影响了中印两国间的贸易交流,使我国相关出口企业损失严重,直至退出印度市场。因此,研究印度的反倾销相关法律制度就显得尤为重要。印度反倾销法律制度移植于WTO规则,并加以细化,使之更具有可操作性。目前印度反倾销法律体系主要由《1975年海关关税法》第9A节、第9B节、第9C节,《1995年海关关税规则》以及印度商业和工业部不定期发布的对外贸易政策,印度反倾销工作主管机关反倾销管理总局不定期发布的贸易政策等组成,内容涉及反倾销实体法与程序法。印度反倾销法对反倾销调查申请主体,调查主管机关,调查的各个阶段以及反倾销税的课征、返还、复审等问题都进行了详细地规定,同时,对正常价值、出口价格及倾销幅度的认定,倾销与损害之间的因果关系以及救济措施等实体和程序问题均进行了较为细致的规定。但是,对印度反倾销法律制度的研究只是应对印度对华反倾销的第一步,深究印度对华频繁发起反倾销措施,中国自身也有很多原因。中国的出口企业往往醉心于价格竞争,而不善于精耕细作,提高产品附加值；中国的行业协会的设置,不可谓不健全,但其所承担的角色往往只是收收会费而未能真正发挥其本源的服务、沟通等职能等等原因这些都需要在以后两国的贸易交往过程中逐渐改善。最后,如果面临反倾销制裁措施的话,我国企业应积极应诉,同时,我国政府应充分利用WTO争端解决机制,应对印度越来越频繁的反倾销制裁,以合法的方式维护我国贸易利益。
[Abstract]:Since the reform and opening up, China's position in the world economy and trade has been constantly rising, and the total volume of import and export trade has leapt to the forefront of the world, but at the same time, as a new manufacturing and trading power, China has become the biggest victim of the anti-dumping movement in the world. As a new developing country, India has also made remarkable achievements in economic development. The trade between China and India has a long history, but for various reasons, India frequently waved anti-dumping sticks to China, which seriously affected the trade exchanges between China and India, and caused serious losses to China's related export enterprises until they withdrew from the Indian market. Therefore, the study of India's anti-dumping related legal system is particularly important. India's anti-dumping legal system is transplanted to WTO rules and refined to make it more operable. At present, the Indian antidumping legal system is mainly composed of section 9A, Section 9B, Section 9C of the Customs Customs Act 1975 and the Customs tariff rules 1995, as well as the foreign trade policy issued by the Ministry of Commerce and Industry of India on an irregular basis. The trade policy issued by the Anti-dumping Administration of India, which is responsible for antidumping work, is composed of substantive law and procedural law of antidumping. The Indian Anti-dumping Law has detailed provisions on the subject of anti-dumping investigation, the competent investigation authority, the various stages of the investigation, as well as the levy, return, and review of anti-dumping duties, etc., and at the same time, it has a normal value. The determination of export price and margin of dumping, the causality between dumping and injury, the relief measures and other substantive and procedural issues are carefully regulated. However, the study of India's anti-dumping legal system is only the first step to deal with India's anti-dumping against China, and China has many reasons for its frequent initiation of anti-dumping measures against China. Chinese export enterprises are often obsessed with price competition and are not good at meticulous farming to improve the added value of their products. The setting up of trade associations in China is not perfect. However, its role is often only to collect fees and fail to play its original functions of service, communication and so on, which need to be gradually improved in the process of trade exchanges between the two countries in the future. Finally, if faced with anti-dumping sanctions, Chinese enterprises should actively respond to them. At the same time, our government should make full use of the dispute settlement mechanism of the WTO to deal with the increasingly frequent anti-dumping sanctions imposed by India. Safeguard China's trade interests in a lawful manner.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D935.1;D996.1

【参考文献】