试析反倾销应诉中“市场经济地位”的争取

反倾销作为一种行政裁决处罚措施，其特征是程序性强，处理周期长，在反倾销行政主管当局做出终裁后，还有可能进一步进入司法复审程序。就我国的受调查企业而言，在一系列应诉程序中，通常会涉及到一个极其重要的问题——争取“市场经济地位”问题。事实上，这一问题已经成为困扰我国企业出口的瓶颈，面对严峻的被提起反倾销的形势，本文拟就我国企业应诉时如何争取“市场经济地位”，作一些粗浅的探讨。

Analysis on Fighting for u The Position of the Market Economym in Response to the Arbitrage of Anti-dumpling

As a kind of measure for executive arbitrage punishment, anti-dumpling has the characteri- sties of firm formality, long period of management, and the possibility of further involvement in the procedure of judicial review after the executive authority of anti-dumpling made the final arbitrage. As far as the investigated enterprises in our country are concerned, it is usually related to a very important issue ?the issue of winning the position of the market economy during a series of procedures of litigation. In fact, this issue has become a choke point to encumber our enterprise exportation. Before the proposed severe situation of anti-dumpling, the article tries to make a rough discussion on how to get "the position of market economy" when the enterprises in our country respond to the arbitrage.