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法律障碍市场经济地位是中国企业应对国外反倾销调查避不开的一个法律障碍。第四回已经介绍了所谓市场经济地位问题,是外国和中国谈入世时,给中国企业下的一个“套”,使“对中国产品采取反倾销调查并成功征收反倾销税”变得非常容易,终极目的就是阻挡占有明显价格优势的中国产品。事实上,这个做法最终是否能够达到预想目的,还很难讲,因为中国制造业的优势与其说是中国企业的优势,倒不如说是世界产业转移的结果。用一句套话“客观规律是不以人们的主观意志为转移的”,但在短期内的消极效果还是显而易见的:因为中国企业应诉反倾销,首先必须证明自己是市场经济导向下的企业,才能和其他人一样,在正常的法律框架下进行抗辩。这无论如何都让人感觉别扭。
Legal Barriers Market economy status is a legal obstacle for Chinese enterprises to avoid foreign anti-dumping investigations. The fourth issue has introduced the so-called market economy status issue. It is a “set” for Chinese enterprises when China and foreign countries talk about their WTO accession. It has made it very easy and ultimately to “take anti-dumping investigations on Chinese products and successfully collect anti-dumping duties.” The goal is to block Chinese products that have a clear price advantage. In fact, it is hard to say whether this approach will eventually reach its desired goal. The advantage of China’s manufacturing industry is not so much that it is the advantage of Chinese enterprises as a result of the industrial relocation in the world. In a nutshell, “the objective law is not shifted from the subjective will of the people,” but the negative effect in the short run is still obvious. Because Chinese enterprises are responding to anti-dumping measures, they must first prove that they are enterprises under the guidance of a market economy, Like everyone else, they defended themselves under the normal legal framework. This is awkward anyway.