请翻一段英文

请翻一段英文~

Third, consummates our country instead dumping method suggestion
"Instead Dumps Rule" appearing, was complied with our country economy need to develop, after was our country joins WTO to carry on the revision gradually to our country law an aspect, was our country legislates a certificate which the technology enhanced unceasingly. Must say that, instead the dumping method formulation extremely has the significance. But, we also should see to, instead dumps the practice constrained by us not to be many, but also has other many realistic questions, promulgated newly instead dumps the law still to have very many insufficiencies. Conceivable, enters WTO along with our country, the opportunity which the foreign enterprise and our country each domain enterprise face-to-face engages in a contest increases unceasingly, we instead dump the law while to play its role also to be able to expose its insufficiency day by day. Therefore, the author believed, must positively begin instead the dumping method revision work. In the revision process, we may consider following several aspects:
1st, the enhancement instead dumps the law "the scale". As mentioned above, our country "Instead Dumps Rule" the administrative rules and regulations which promulgates for the State Council, this kind of administrative rules and regulations potency was inferior to after all the NPC and its Standing Committee promulgate law. Reflects this, unifies our country several to rebel dumps the investigation case the practice, in present "Rule" in the foundation, speeds up studies and formulates to promulgate by way of the Standing Committee of the National People's Congress instead dumps the law, regarding promotes the our country instead dumping method unceasing consummation and the tendency stable, and with international connects rails extremely is all important.
2nd, necessary laws and regulations consummation. Our country except special appears instead to dump the rule, but also should consider to the laws and regulations between the mutual function and the influence relations. Our country to "Price method", "Counter- not Improper , "Foreign Trade law" and "about Punishment Low price Exportation Behavior Temporary provisions" and so on the law also must make the corresponding revision. For example, in "about Punishment Low price Exportation Behavior Temporary provisions" center must fully supplement dumps the product to the low price enterprise's legal liability and the sanction measure. Engages in factional strife mutually to the exportation enterprise, the low price competition procedure gives the strict sanction, by maintains the exportation order, the attack dumps the behavior. But when consummation "Price method", must adjust about the price regulation fund system stipulation. In the nation or a province formulation unified price regulation fund system stipulation, causes it to move towards , the standardized track gradually. (7)
3rd, causal relation and supplemental condition. GATT "in 1994 Instead Dumped Agreement" to and dumps with the harm between the causal relation adopts has enumerated the type and removes the procedure which the type unified, namely had to examine submits for the authority all correlations evidence, besides dumped the product abreast in row, at the same time creates the harm to the home industry other factors, like must dumping price exportation import product quantity and price, domestic demand reduction or expense pattern change and so on. These all are is worth in revising our country instead to dump in the law to give to profit from. But regarding supplemental condition, author then believed, the degree which the essential supplemental condition, such as to the national overall benefit consideration, the domestic consumer because this product is levied possibly instead dumps which the tax but to increase the burden and the home industry receives harms to compare and so on, is beneficial in: (1) increases in the related investigation authority actual operation the flexibility; (2) avoids because one-sidedly protecting some industrial department but to incur the national overall benefit, the foreign trade general situation as well as the general consumers benefit heavy loss; (3) is advantageous in our country strengthens the foreign trade economy negotiations, because levies instead dumps the method which the tax only, most first resisting dumps by no means. Certainly, right "the supplemental condition" must strictly perform to limit, by prevented the related investigation department is subjective at will, enhancement instead dumping method solemnity and authority.
4th, further is clear about with the standard instead dumps the investigation procedure. (1) explicitly stipulates "the applicant", "the State Council department concerned", "the formidable relational side" and so on the stipulation; (2) according to "Agreement" the stipulation, consummates our country instead to dump the reexamination and the examination system; (3) in the investigation procedure, the competent authority must to the litigant disclose the important fact, enable the litigant to have the full time to express the opinion, states the view, provides the correlation the material in order to greatest degree to guard own lawful right. This is the various countries stipulated, our country also so. But our country to what is "the important fact" has not made the explicit stipulation actually, our country instead dumps the law to be supposed to have the concrete operation standard regarding this. (4) refers to "Agreement" the 10th stipulation further explicitly to trace the taxation the potency, the deadline, the procedure and the limit and so on; (5) further explicitly stipulated instead dumps the case in investigation process deadline, various departments investigate the deadline which and makes rules initially, the State Council customs duty tariff regulation committee according to foreign trade department's suggestion make whether agreed levies (temporary) instead dumps the tax the deadline, in the peculiar circumstance may lengthen the stage stipulation which the investigation or makes rules, stops or the termination instead dumps the investigation the potency deadline, the reexamination and the examination as well as drafts tax reimbursement deadline and so on.

Instead dumps legislation outline
(1) WTO instead dumps the rule the formation
19 century's ends, at the beginning of 20th century, some European country drew up has instead dumped the agreement. At that time take England, Holland as the head European country comes from other national sugar to dump not completely, has evaluated in 1920 about the international convention which instead dumped. And has 10 European country to join successively, the opening remarks instead dump the beginning of a matter. US instead dumps the law is in the world is complete instead dumps the law. Take this law as the main source, has produced in 1948 "Customs duty And Trade Always Reached an agreement" sixth "instead dumps with the counter- subsidy tax" the stipulation, instead dumps the various countries the law to bring into line with the international unitize track, instead dumped the law for the various countries' making to set up the bare bone. It declared that, Dumps the behavior to have to receive the condemnation, various signatory states enjoy to the folk remedy resisting power which dumps. But, the General Agreement on Tariffs and Trade (GATT) instead dumped the provision was still a total principle, lacked the concrete content and is operational. The various countries all embark from our country benefit to instead dump the provision to perform to explain. Therefore, instead dumps the function which the provision has not displayed its should have. In order to change this kind of condition, the General Agreement on Tariffs and Trade (GATT) member nation discussed in June 30, 1967 in Geneva through first "Instead Dumps Agreement", this agreement was to the General Agreement on Tariffs and Trade (GATT) sixth section explanation and the concrete application. In 1979 in "Tokyo round" in the multilateral trade talks, this agreement further is revised and the supplement, has formed "Implementation Customs duty And Trade Always Reached an agreement 6th Agreement" (is called "Instead Dumps Agreement"). But since, 80's, instead dumping method is suitable moves towards the extreme increasingly, instead dumps the measure also to become one kind of new trade barrier. "Uruguay round" the negotiations will revise once more instead dumps the agreement to mention in the program. First proposed in Uruguay round joins in instead dumps the content is South Korea. At that time, South Korea exported quickly grows "the modern automobile" Canada to suffer instead dumps the investigation, therefore the South Korean government negotiations on behalf of the decision in May 21, 1987 proposed revised instead dumps the agreement. On June 6, 1990 as a group leader's unofficial draft group puts out take General Agreement on Tariffs and Trade (GATT) vice- general manager Carlisle has instead dumped the agreement first draft "the Carlisle I Draft". This draft made very many stipulations to cater to Europe and America, therefore, has received the majority developing nation opposition. Hereafter, although the General Agreement on Tariffs and Trade (GATT) did have been very many came to coordinate developed and the developing nation conflict diligently, until "Dunkle Text" the appearance, still was unable to achieve consistently. "The Dunkle Text" fully considered to American and the European Union these two biggest members side request, but this text not completely accepted European and American the proposition, specially US requested the situation which carried on to the third country assembly product dodges to make the stipulation and the request establishment special conflict solves mechanism these two aspects not to obtain satisfies. (2) Therefore in this text foundation, in 1994, "Uruguay round" smoothly finished and achieves "about Has fulfilled in 1994 Customs duty And Trade Always Reaches an agreement 6th Agreement". This agreement is WTO present instead dumps the law. It is in a WTO law frame Central Africa tariff barrier multilateral agreement part, was the WTO various member nations has drawn up an always frame. At the same time, it also further relaxed has instead dumped the measure suitable condition, expanded has instead dumped the law suitable scope, strengthened the transparency, the foresight and the feasibility which international instead dumped. Is more more importantly different in Kennedy round round achieves with Tokyo instead dumps the agreement only to live the potency to the signing a treaty domestic product, it is takes in the WTO multitudinous multilateral agreement but to exist, all has the binding force to the WTO all member nation. Its influence had instead to dump the agreement before to be much bigger than. Obviously, "1994 Instead Dumped Agreement" is the world economics integration great achievements.

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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