论文部分内容阅读
根据WTO统计,从WTO成立至2002年底,成员方反倾销立案共2160起,其中,涉及中国的共308起,占成员方立案总数的1/7;中国加入WTO后的2002年,WTO成员反倾销立案共276起,其中涉及中国产品的共47起。据商务部统计,2003年1-6月,有12个国家和地区对中国出口产品反倾销和保障措施立案调查24起。目前,中国是遭遇反倾销、保障措施调查最多的国家。因此,这次《外贸法》修订的主要目标之一就是要通过确立公平贸易基本法律框架,按照国际通行规则建立健全我国对外贸易调查和对外贸易救济体系与机制,为国内企业创造公平的国际贸易投资环境和发展空间,维护国家经济安全。为此,新《外贸法》在现行《反倾销条例》、《反补贴条例》和《保障措施条例》立法基础上,按照WTO成员享有权利与履行义务相平衡原则,就对外贸易调查、对外贸易救济等进出口公平贸易工作主要方面增加了相关规定,授权有关政府主管部门在WTO规则范围内依法运用反倾销、反补贴及保障措施等救济手段,为中国产业和市场的健康发展提供强有力支持和保障。同时,《外贸法》以上内容的修订通过,也标志着中国初步建立起包含法律、法规、部门规章等多层次的公平贸易法律体系,使我国进出口公平贸易工作逐步走向法制化、规范化的道路。
According to the statistics of WTO, from the establishment of WTO to the end of 2002, the member anti-dumping cases numbered 2,160, of which 308 were involved in China, accounting for 1/7 of the total number of cases filed by the member countries. In 2002, WTO members filed anti-dumping cases A total of 276, including a total of 47 Chinese products involved. According to statistics from the Ministry of Commerce, from January to June 2003, there were 12 countries and regions filing 24 investigations into the anti-dumping and safeguard measures against China’s exports. At present, China is the country that has experienced the most anti-dumping and safeguard investigations. Therefore, one of the main objectives of this revision of the Foreign Trade Law is to establish a fair international trade for domestic enterprises by establishing the basic legal framework for fair trade, establishing and perfecting the system and mechanism of China’s foreign trade investigations and foreign trade remedies in accordance with international prevailing rules Investment environment and space for development, and safeguarding national economic security. To this end, the new Foreign Trade Law, on the basis of the existing legislation on “Anti-dumping Regulations”, “Countervailing Subsidy Regulations” and “Safeguards Regulations”, in accordance with the principle of balancing the rights and obligations of WTO members, Such as the import and export of fair trade increased the main aspects of the relevant provisions of the relevant authorities authorized the relevant departments in charge of the WTO rules within the scope of the use of anti-dumping, countervailing and safeguard measures and other relief measures for the healthy development of China’s industry and the market to provide strong support and protection . At the same time, the passage of the above amendments to the Foreign Trade Law also marks China’s initial establishment of a fair trade legal system that contains laws, regulations, departmental rules and regulations at multiple levels, and gradually moves China’s import and export fair trade toward a legalized and standardized way. .