黑暗的心1 12:请翻一段英文

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我国加入WTO后,可以享受一系列权利,但同时,我们也要承担相当的义务。而在法律上,我们首先面临的问题就是如何使我国法律法规和WTO的系列规定不相抵触。人们常常把国际法称为“软法”,因为国际法的遵守主要是通过国际社会舆论形成的,依仗人们内心的信念、道义力量来实现,是一种不确切的规范。此外,各国为了彼此尊重,交往方便和友好合作,往往相互之间也采取各种国际礼让。但这些一旦与某个国家的实际利益相抵触,那么利益至上的原则,就会阻挠国际法效力的实现。同时,当事国也不承担任何法律责任。就这一方面而言,它不像国内法那样具有强制实施的保障和有力措施,确实是“软法”。但实际上,从上两个世纪以来,国际法一直在作为国际交往中有法律约束力的行为规则而不断发展的。各国不但通过其议会和政府宣示愿意遵守作为国际行为规则的国际法,而且各国为了使国际法更好的在国内有效的加以适用,不是采用“转化”的方式使国际法变成国内法的具体规则,就是采用“并入”的方式直接在宪法里承认国际法的效力。我国的做法就是“转化”法和“并入”法兼用。我国的宪法虽然没有就国际法在国内的适用和地位做出一般性的规定,但在若干部门法中已为此设有专门条款。如《民法通则》第八章“涉外民事关系的法律适用”中规定:我国缔结或者参加的国际条约同我国的民事法律有不同规定的,“适用国际条约的规定”,我国法律和我国缔结或者参加的国际条约没有规定的,“可以适用国际惯例”。此外,为了履行我国加入的国际条约,还制定了一些专门条例,以便将国际法“转化”为国内法。我国为履行有关外交关系和领事关系的两个维也纳公约而制订的《外交特权与豁免条例》和《领事特权与豁免条例》,就是这方面的典型例子。⑤显然,我国是遵守国际法的规定的。WTO 作为一个国际性的组织,其制定的规则也是我国所尊重和执行的。实际上,根据世界贸易组织的规则采取相应的立法措施与建立和完善我国市场经济的法制目标是相一致的。只是加入WTO对我国现行法律的修订、补充提出了更快更全面的要求。
中国在改革不断深化之际,在摸着石头过河的长期实践中,已深刻的认识到了反倾销法的必要性:1、自从1948年总协定文本的生效以来,反倾销措施已被现行国际贸易制度确认为一种合理合法的保护国内相关产业的手段。 2、反倾销法作为维护国际贸易秩序,保护国内产业的一种合法手段,与其他同样被认可的反补贴法、反托拉斯法、保障条款等相比较,有着其不可替代的作用。3 、反倾销法的实施可以有效的防止和消除倾销造成的侵害。它使进口商品在没有倾销性影响的前提下,进入中国市场。使进口商品真正体现市场价格,参与市场的公平和正当的竞争。4、在反倾销生效期间,进一步提高中国企业自身的竞争实力。客观上,国外进口商品因其被征有反倾销税,而不得不提高产品价格。这对倍受损害的中国国内产业来说,给了它们一个喘息和调整的时机。

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.