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各国反倾销法中均明确将进口产品的倾销与国内产业损害的因果关系作为反倾销成案的核心要素之一 ,但对于因果关系的程度则素有“一般原因因果关系之说”和“主要原因因果关系之说”两大类型的立法标准。本文试从国际贸易政策的角度审视GATT/WTO反倾销规则和欧美等国家《反倾销法》中因果关系的标准 ,并探讨了我国《反倾销法》中因果关系标准的确立问题。
The anti-dumping laws of all countries explicitly regard the causal relationship between the dumping of imported products and the damage caused by domestic industries as one of the core elements of the anti-dumping case. However, the degree of causality is known as “the cause of causation of general reasons” and “the causation of the main causes The ”two major types of legislative standards. This article attempts to examine the standards of causality in the anti-dumping rules of GATT / WTO and the anti-dumping law in Europe and the United States from the perspective of international trade policy and discusses the establishment of the causal relationship standard in China’s Anti-Dumping Law.