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Anti - dumping ruling procedure the burden of proof rules

Author: YuanHuiMin
Tutor: LiuShanChun
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Anti-dumping ruling Anti-dumping investigations Administrative rulings Allocation of the burden of proof
CLC: D996.1
Type: Master's thesis
Year: 2008
Downloads: 42
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Abstract

The burden of proof plays an important role in the administrative procedures, academic achievements, whether paper or monograph have been; anti-dumping area is a hot topic in today's international trade, international economic law scholars in the field have also There are many studies. However, the administrative law point of view of anti-dumping issues is still relatively small, and specifically from the administrative procedures point of view discussed in the burden of proof is a handful. I am more interested in the law of evidence, the occasion of the thesis topics, instructors just anti-dumping topics, then select from the part of the burden of proof, as the subject of my graduate thesis. The first part to proceed from the burden of proof of concept, brief the dual meaning of the concept of burden of proof, which is the starting point to discuss in this article. Then, gave a brief introduction to some of the basic factors affect the distribution of the burden of proof, such as the legal norms that advocate responsibility, certainly the fact that probability, the evidence of the distance, the principle of fairness, the presumption policy. The second part discusses the nature of the process of anti-dumping ruling, because I think that the nature of the program is to determine the allocation of the burden of proof the most basic factors that determine the distribution of the burden of proof, you must determine the nature of the applicable procedures. Anti-dumping ruling procedure is characterized as administrative adjudication process, because this article that the anti-dumping ruling procedure with the basic properties of the administrative adjudication procedures that the executive to resolve civil disputes procedures. But they are not entirely consistent, the most obvious difference is the general administrative adjudication of tort dispute resolution should be award of damages; anti-dumping ruling procedure the final ruling is not responding Fang Duishen prosecution for compensation, but the anti-dumping duties . This is a necessary prerequisite to ultimately determine the field of civil burden of proof allocation rules in the allocation of the burden of proof of anti-dumping ruling procedures can play a role. The third part is the main part of the 'stage, how to allocate the burden of proof of the investigation stage are described in detail. This paper argues that the 'stage, the applicant shall bear the burden of proof, including the program elements (the applicants' qualifications, product range, the exporting country) and the substantive requirements of the product under investigation (dumping, damage, causality). Compared with the legislative practice of other countries and found that the inadequacies of our legislation in this regard. At the investigation stage, and the same 'stage, the applicant still bears the burden of the substantive requirements of the case, but distinguish between the two lies in its proof of the different standards. Program is the fact that the anti-dumping investigating authorities need to bear the burden of proof on the legitimacy of the anti-dumping investigation procedures. In addition, the program requests the right should be implemented \Civil Relief program, the executive authorities have reviewed the evidence identified also with a strong right to investigate and collect evidence. Our law in this process, there are some imperfections, such as the oral effectiveness of the information required by the lack of specific rules of the hearing system. In this section, devoted to China's enterprises in foreign countries responding to the \The fourth section discusses the distribution of burden of proof allocation of the burden of proof in the follow-up procedures in the program of anti-dumping ruling, which can be found in the distribution of the burden of proof in the anti-dumping ruling procedure is the basis of the distribution of the burden of proof in the follow-up procedures.

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