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中国的产品近年来频频遭到各国的反倾销调查,其原因之一在于我国反倾销法的制定和实施的时间不长,反倾销的经验不足,关键还是内国法条的内容规定过于抽象、模糊、操作性差;其二就是我国反倾销法的内容过多地偏重于所谓纯粹的法律规则,而不是着重从经济学意上来立法。文章着重从如何确定出口产品的正常价值或价格入手,分析了认定正常价格时应考虑的几个方面,同时指出了我国立法的不足之处,提出了立法建议。
One of the reasons why China’s products have been frequently investigated by various countries in recent years is due to the fact that the formulation and implementation of the anti-dumping law in our country is not long and the experience of anti-dumping is inadequate. The crux of the matter is that the provisions of the Chinese laws and regulations are too abstract, vague and poor in operability Second, the content of China’s anti-dumping law is too much emphasis on the so-called purely legal rules, rather than focusing on legislation from the perspective of economics. This article focuses on how to determine the normal value or price of export products, analyzes several aspects that should be considered in determining the normal price, points out the shortcomings of our legislation and puts forward legislative proposals.