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反倾销法中实质性阻碍损害标准运用的前提是实质性阻碍客体的有效认定。然而目前我国立法和实践中对此问题的研究都处于空白状态,这在一定程度上极大影响了反倾销当事人(主管机关和企业)对实质性阻碍损害标准的适用。针对我国实质性阻碍客体认定立法现状,借鉴世界各国经验,中国实质性阻碍客体认定规则应在未建成产业、总体未建成产业、改制公司和技术改造中新生产线问题等方面做出规定。
The premise of the substantive impediment to the application of the standard of imputation in the anti-dumping law is that it substantially impedes the effective determination of the object. However, at present, the research on this issue in our country’s legislation and practice is in a blank state, which to some extent has greatly affected the application of anti-dumping parties (competent agencies and enterprises) to substantive obstacles to damage standards. Aiming at the status quo of our country’s substantive obstructing object recognition of the legislation and drawing lessons from the experiences of all countries in the world, China’s substantive obstruction of the object-recognition rule should stipulate the issues of non-built-up industries, the overall un-built industries, the restructuring of companies and the new production line in technological transformation.