After our country joins WTO, may enjoy a series of rights, but at the same time, we also must undertake the suitable duty. But in the law, how the question which we first faces is causes our country law laws and regulations and the WTO series stipulation does not conflict. The people are called frequently the international law "are soft method", because the international law observes mainly is forms through the international society public opinion, takes advantage of the people innermost feelings the faith, morality and justice strength realizes, is one kind of inaccurate standard. In addition, the various countries for each other respect, the contact are convenient and the friendship and cooperation, often mutually between also adopts each kind of comity of nations. But these once conflict with some national actual benefit, then the benefit supreme principle, can obstruct the international law potency the realization. At the same time, is concerned the country not to undertake any legal liability. Speaking of this on the one hand, it such does not have the safeguard and the powerful measure like the national law which forces to implement, is truly "is soft method". But in fact, since the last two centuries, the international law continuously in took in the international contact has the legal binding force the behavior rule but to develop unceasingly. The various countries not only through its parliament and the government declared is willing to observe takes the international behavior rule the international law, moreover various countries in order to cause the international law to be better domestically because of effective perform to be suitable, is not the use "the transformation" the way causes the international law to turn the national law the concrete rule, is the use "merges" the way acknowledges the international law directly in the constitution the potency. Our country's procedure is "the transformation" the law and "merges" the law concurrently to use. Our country's constitution although has not made the general on the international law in domestic being suitable with the status stipulation, but has been equipped with the special provision in certain family rules and regulations for this. Like "General provisions of the civil law" the eighth chapter "touches on foreign affairs the civil relational law to be suitable" center stipulated that, Our country concludes or the participation international convention has the different stipulation with our country's civil law, "is suitable the international convention the stipulation", our country law and our country conclude or the participation international convention stipulation, "may be suitable the international convention". In addition, in order to fulfill the international convention which our country joins, but also has formulated some special rules, in order to the international law "the transformation" is the national law. Our country for fulfills two Vienna joint pledge which the related diplomatic relations and consul relates but to draw up "Diplomatic privilege And Exemption Rule" and "Consul Privilege And Exemption Rule", is this aspect typical example. (5) Obviously, our country is observes the international law the stipulation. WTO took an international organization, its formulation rule also is our country respects and the execution. In fact, takes the corresponding legislation measure according to the World Trade Organization's rule with to establish and to consummate our country market economy the legal system goal is consistent. Only was joins WTO to our country present law revision, the supplement set quickly a more comprehensive request.
Time China deepens unceasingly in the reform, in feels in the long-term practice which the stone crosses river, already profound understanding to instead dumping method necessity: 1st, since 1948 always reached an agreement the text becoming effective, instead has dumped the measure already by the present international trade system confirmation is one reasonable legitimate protection domestic correlation industry method. 2nd, instead dumps the law to take the maintenance international trade order, protects the home industry one legitimate method, with other the counter- subsidy law, Anti-trust laws, the safeguard provision which approves and so on is compared similarly, has the function which it cannot be substituted. 3rd, instead the dumping method implementation may effective preventing dump the violation with the elimination which creates. It causes the article of importation at not under the dumping influence premise, enters the Chinese market. Causes the article of importation to manifest the market price truly, participates in the market fair and the right competition. 4th, instead is dumping becomes effective the period, further enhances the Chinese enterprise own competition strength. On objective, the overseas article of importation because it is drafted has instead dumps the tax, but can not but enhance the product price. This to doubles the China home industry which harms was said, for a their respite with adjustment opportunity.
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