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损害问题是反倾销法律实践中的核心问题,迄今学界对这一问题的考察多是纯粹法条主义的,这不符合反倾销法律既是“书本上的法”但更是“行动中的法”的属性,因而无法为贸易参与人提供有效预警,为反倾销当局提供有益借鉴。本文通过广泛考察WTO争端解决机制实践中涉及欧共体的案例及欧共体反倾销实践,对欧共体反倾销法律中的损害问题进行较全面的考察,以期在一个方面展现欧共体丰富的反倾销实践,同时深化对欧共体反倾销法律具体规则的理解。
The problem of damage is the core issue in the practice of anti-dumping law. So far, the study of this issue by the academic circles is mostly purely legal, which is not in conformity with the law of anti-dumping. It is not only the law in the book but also the law in action "Attribute, which can not provide effective early warning for trade participants, to provide useful reference for anti-dumping authorities. This article, through extensively examining the case involving the EC in practice of the WTO dispute settlement mechanism and the anti-dumping practice of the European Community, examines the issue of damages in the anti-dumping law of the European Community in a comprehensive way with a view to demonstrating on one hand the rich anti-dumping Practice, while deepening the understanding of the specific rules of the European Community’s anti-dumping law.