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为防止和避免对进口国有损害的倾销,世贸组织的GATT1994第6条和《反倾销协定》规定了各成员国享有反倾销的权利。国际贸易关系中的权利与义务是相关联的,与反倾销权利相关联的条约义务,就是各成员国应该防止和避免实施对进口国有损害的倾销。对于反倾销的条约权利,中国已将其转化为国内法予以实施,对于相关联的防止和避免有损于进口国的倾销的条约义务,中国缺少相关的国内法律制度规定。为遵守承诺,履行条约义务,中国应对国内法加以完善,在国内法中作出相应的规定,防止和减少贸易摩擦,促进对外贸易的发展。
Article 6 of the WTO GATT 1994 and the Anti-Dumping Agreement stipulate that each member country has the right to anti-dumping in order to prevent and avoid dumping damage to the importing country. The rights and obligations in international trade relations are related. The treaty obligation associated with anti-dumping rights means that all member states should prevent and avoid the dumping of damage to importing countries. China has transformed it into a domestic law for anti-dumping treaty rights, and China lacks relevant domestic legal system rules for its associated treaty obligations to prevent and avoid dumping in importing countries. In order to comply with its commitments and fulfill its treaty obligations, China should improve its domestic laws and make corresponding provisions in its domestic laws to prevent and reduce trade friction and promote the development of foreign trade.