The Research Of Chinese Anti-dumping Judicial Review Under The Framework Of WTO System

Anti-dumping law is the permissible way to allow WTO members to protect theirdomestic industry by WTO. In order to protect legal rights and make sure WTOmembers to carry out their anti-dumping measures fairly, Article13of antidumpingtreaty of WTO sets up judicial review system. According to this article, all WTOmembers have international responsibility to set up judicial review in their domesticjudicial review systems, the core purpose is to review their administrativeantidumping activities no matter what the forms are. China joined WTO in2001andannounced that its domestic antidumping judicial review, complied with the principlesof WTO, has already set up, however, there is any case litigated in China requiring forjudicial review to Chinese administrative antidumping activities. This is the reasonwhy Chinese antidumping judicial review has been doubted for its liability. Why doseWTO anti-dumping treaty set up judicial review system? What is the core issue of it?How can we localize it? What is the meaning of doing it? All of these are worth to beconsidered and researched.The dissertation firstly discussed the historical development of article ofjudicial review of WTO antidumping treaty. The dissertatioin carried out thefoundmental research through the following two aspects:First, analyzed article of judicial review of WTO antidumping treaty deeply,grasped the spirit of legislation and the concept of the design of the system. It will behelpful to get used to the rules basing on the fully understanding of rules.Second, research the application of judicial review article in the pratical judicialactivities. The writer of the dissertation used the cases from EU and U.S to analyzethe transaction of article of judicial review of WTO antidumping treaty both in EUand U. S domestic law. The core function concluded from the analyse is the following:with the precondition of carrying out the international duty regulated by article ofjudicial review of WTO antidumping treaty, the system must highly efficient toprotect domestic industy interests and maintain the reasonable domeistic internationaltrade situation.This function has two kinds of meanings: the first one is, EU and U.Santidumping judicial review must illustrate the concept and principle of courtscomparative power to regulate the power of legislation and administration. Thesecond one is that antidumping judicial review must do legal review both to legislative activities and administrative activities including abstractive administrativeaction.Additionally, the writer analyzed the process of seting up Chinese antidumpingjudicial review. The conclusion is that the current antidumping judicial review hassome shortcomings in showing this core function. For example, unclear understaningof the following aspects: the nature if antidumping judicial review is to do legalreview to legislative and administrative activities including including abstractiveadministrative action. This is why Chinese system shows some shortcomings both inthe theory and judicial practice.Furthermore, the writer discussed how to perpect Chinese current antidumpingjudicial review system basing in the experience of EU and U. S. On the one side, wemust set up and perfect our antidumping judicial review’s national policy, the purposeand principles of legislation. On the other side, we must perfect the followingmicroaspects: the qulificaiton of litigation subject, the coverage of jurisdiction, theresponsibility of offering evidence, the measures of rescure and setting upinternational trade court and its supporting rules. The writer emphasies to set upinternational trade court and pointed out the current international trade judicial reviewsystem is out of date and blocks the effective application of Chinese trade protectionpolicy. Through the following two theories: The first one is the theory of therelationship between international law and domestic law. The second one is the theoryof the interpretation rights to WTO treaty which is regareded as the charter ofinternational institute, the writer also analyzed how to apply the article of judicialreview of WTO antidumping treaty in WTO membership countries domestic legalsystem and the relationship between WTO DSB’s decision and membership countriesdomestic judicial sovereignty. That is to say, the domestic law is not the excuse ofviolating the international duty which WTO membership countries carry out. Themembership countries can not violate this international duty basing on its domesticconstitution and other domestic law. The writer pointes out the following concept:prevent the violation of international duty in the name of domestic legislation andharmness to the efficience of international law. However, WTO membership countriesreserve the rights how to apply this legal effection in their domestic law.The writer’s main ideas are: the purpose and spirit of Chinese antidumpingjudicial review is to actively carry out the international duty regulated by WTOantidumping treaty. With the precondiciton of protecting international trade freedom,we must make sure that our domestic industies get fully protection when they face dumping actions from foreign countries. Chiense current antidumping judicial reviewsystem is regarded to be lack of the spirit of western morden judicial review becauseit has not authorized the court the power of judicial review to the law and rules passedby the legislative institute. Although China has always put the protection of economicand social rights ahead of civil and political rights, it does not mean that there is norule of law in China. On the contrary, China is setting up rule of law society step bystep. Chinese judicial reform and economice development are influenced each other.The perfection of Chinese antidumping judicial review system will promote Chiensejudicial reform and judicial independence.