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反倾销措施是保护国内竞争产业的重要手段,近年来被广泛应用。但是,实施反倾销措施的后果不是孤立的,会对下游产业、消费者产生不利影响。为平衡各方利益,防止反倾销措施的滥用,公共利益被引入到反倾销法律制度中来。公共利益应涵盖不同利益主体的合理主张,WTO、欧盟等均对此进行了相应的规定。虽然我国将公共利益原则引入《反倾销条例》,但仍存在缺乏具体规定、缺乏独立性等问题,需要进一步完善。
Anti-dumping measures are an important means of protecting domestic competitive industries and have been widely used in recent years. However, the consequences of implementing anti-dumping measures are not isolated and will adversely affect the downstream industries and consumers. In order to balance the interests of all parties and prevent the abuse of anti-dumping measures, the public interest has been introduced into the anti-dumping legal system. The public interest should cover the reasonable opinions of different stakeholders, and the WTO and the EU all make corresponding provisions. Although China introduced the principle of public interest into the “Anti-dumping Regulations,” there are still some problems, such as the lack of specific provisions and the lack of independence, which require further improvement.