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反倾销法沦为贸易保护工具的现实,与反倾销法的立法宗旨和目的背道而驰,对国际贸易秩序和国际经济贸易一体化进程所产生的破坏性影响也是显而易见的。因而在乌拉圭回合谈判期间和结束后,关于反倾销法的存废问题,已成为学界激烈争论的话题。反倾销法是否还具有生命力?其生命力的源泉何在就成为一个值得探讨的问题。国际社会各主权国家切身利益的需要、反倾销法近百年理论与实践的探索、特别是世贸组织的反倾销制度,在一定程度上克服了反倾销法所存在的贸易保护问题的缺陷,使其仍然具有一定的生命力。但应该注意到,由于反倾销法本身理论基础的缺欠,国际经济贸易一体化发展的远景、国家概念的谈化、人类整体利益的凸现,将成为影响反倾销法生命力的主要因素。
The fact that anti-dumping law is reduced to a tool for trade protection runs counter to the legislative purpose and purpose of the anti-dumping law. It is also clear that the devastating impact on the international trade order and the process of international economic and trade integration is obvious. Thus during and after the Uruguay Round of negotiations, the question of the existence and abolition of the anti-dumping law has become a topic of heated debate in the academic community. Whether the anti-dumping law also has vitality? Where is the source of its vitality has become a question worth exploring. The need of vital interests of the sovereign nations of the international community and the exploration of the theory and practice of the anti-dumping law in the past century, especially the WTO’s anti-dumping system, have overcome the defects of the trade protection existing in the anti-dumping law to a certain extent, Vitality However, it should be noted that due to the lack of rationale for the anti-dumping law itself, the long-term prospects for the development of international economic and trade integration, the discourse of the state concept and the emergence of the overall interests of mankind will become the major factors affecting the vitality of the anti-dumping law.