我国反倾销司法审查制度研究
发布时间：2018-07-15 16:09
【摘要】：由于我国进出口产品的劳动力成本比较低廉,产品价格相对合理,近年来随着我国经济实力的提升和进出口产品的不断增加,我国不断遭受反倾销调查,且被采取反倾销措施更为激烈频繁,对我国经济造成了严重影响。而自加入WTO以后,针对我国的反倾销案件则明显增多,反倾销力度也明显加强。因此,为了切实履行入世承诺的义务,早日将我国建设成为名副其实的法治国家,就必须尽快加强和完善我国的反倾销司法审查制度。 反倾销司法审查是司法审查的一种类型,反倾销司法审查制度是指人民法院通过发挥司法权力对反倾销行政行为进行审查,并制约行政权力的行为。本文立足于现有理论研究成果,继续拓宽思域,以比较研究法为理论基础,结合实证法、法律解释法、价值分析法等研究方法,就反倾销司法审查制度所关涉诸问题予以稳静而循序梳理。加强和完善我国反倾销司法审查制度既有助于实现我国与世界先进法治国家的接轨；又有助于在促进我国行政机关有法可依并依法执政、健全完善法律监督体系、维护相关利害责任人的合法权益等方面发挥重要的作用。加入世界贸易组织后,由于国际贸易竞争的愈演愈烈,如何履行加入世界贸易组织承诺的义务并完善我国反倾销司法审查制度,以及如何把握这一制度的未来发展,成为一个日渐重要的问题。笔者力图从反倾销司法审查制度的基本理论出发,通过比较分析反倾销的一系列相关制度,并结合相关实践,从而为我国建立完善反倾销司法审查制度提供有益借鉴。
[Abstract]:Because the labor cost of our country's import and export products is relatively low and the product price is relatively reasonable, in recent years, with the improvement of our country's economic strength and the continuous increase of our import and export products, our country has been subjected to anti-dumping investigations. Moreover, anti-dumping measures have been taken more frequently, which has had a serious impact on our economy. Since China's entry into WTO, the antidumping cases have increased obviously and the intensity of antidumping has also been strengthened. Therefore, in order to fulfill the obligation of entering WTO and build our country into a country under the rule of law as soon as possible, we must strengthen and perfect our country's anti-dumping judicial review system as soon as possible. Anti-dumping judicial review is a type of judicial review. Anti-dumping judicial review system refers to the people's court through exerting judicial power to examine and restrict administrative power of anti-dumping. Based on the existing theoretical research results, this paper continues to broaden the Civic, taking the comparative research method as the theoretical basis, combining the empirical method, the law interpretation method, the value analysis method and other research methods. The system of judicial review of anti-dumping issues involved in a steady and orderly combing. Strengthening and perfecting our country's anti-dumping judicial review system is not only helpful to bring our country into line with the advanced countries under the rule of law in the world, but also helps to promote the administrative organs of our country to have laws to abide by and to govern according to law, and to perfect the legal supervision system. Safeguard the legal rights and interests of relevant stakeholders and other aspects of play an important role. After joining the World Trade Organization (WTO), due to the fierce competition in international trade, how to fulfill the obligation of joining WTO and perfect our country's anti-dumping judicial review system, and how to grasp the future development of this system. Become an increasingly important issue. The author tries hard to start from the basic theory of anti-dumping judicial review system, through comparative analysis of a series of antidumping related systems, and combined with relevant practices, so as to provide a useful reference for our country to establish and perfect the anti-dumping judicial review system.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.294;D926.2
[Abstract]:Because the labor cost of our country's import and export products is relatively low and the product price is relatively reasonable, in recent years, with the improvement of our country's economic strength and the continuous increase of our import and export products, our country has been subjected to anti-dumping investigations. Moreover, anti-dumping measures have been taken more frequently, which has had a serious impact on our economy. Since China's entry into WTO, the antidumping cases have increased obviously and the intensity of antidumping has also been strengthened. Therefore, in order to fulfill the obligation of entering WTO and build our country into a country under the rule of law as soon as possible, we must strengthen and perfect our country's anti-dumping judicial review system as soon as possible. Anti-dumping judicial review is a type of judicial review. Anti-dumping judicial review system refers to the people's court through exerting judicial power to examine and restrict administrative power of anti-dumping. Based on the existing theoretical research results, this paper continues to broaden the Civic, taking the comparative research method as the theoretical basis, combining the empirical method, the law interpretation method, the value analysis method and other research methods. The system of judicial review of anti-dumping issues involved in a steady and orderly combing. Strengthening and perfecting our country's anti-dumping judicial review system is not only helpful to bring our country into line with the advanced countries under the rule of law in the world, but also helps to promote the administrative organs of our country to have laws to abide by and to govern according to law, and to perfect the legal supervision system. Safeguard the legal rights and interests of relevant stakeholders and other aspects of play an important role. After joining the World Trade Organization (WTO), due to the fierce competition in international trade, how to fulfill the obligation of joining WTO and perfect our country's anti-dumping judicial review system, and how to grasp the future development of this system. Become an increasingly important issue. The author tries hard to start from the basic theory of anti-dumping judicial review system, through comparative analysis of a series of antidumping related systems, and combined with relevant practices, so as to provide a useful reference for our country to establish and perfect the anti-dumping judicial review system.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.294;D926.2
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