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On WTO Transparency Principle Of The Rule Of Law In China

Posted on:2008-04-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:B Q WangFull Text:PDF
GTID:1116360212987365Subject:International law
Abstract/Summary:PDF Full Text Request
The principle of Transparency is a basic tenet supporting the survival and development of WTO, going through the entire framework of WTO and producing a large number of derivative rules. At the same time, Transparency is also a chief merit of Rule of Law, offering significant reference for Rule of Law in China. This Paper is designed to go from the principle of Transparency into an in-depth analysis of its idea, historical roots and ramifications and into its role in the process of Rule of Law in China.This Paper is composed of eight chapters. The first chapter treats the idea of Transparency and brings a foundation for further discussion. Then, it puts Transparency into retrospect and tells the roots that trigger the appearance of Transparency. Afterwards, the chapter picks up five aspects for the application of Transparency within the framework of WTO law. In the final words, the chapter summarizes the features and roles of Transparency in WTO and briefly discusses the problems and prospects for Transparency.The second chapter offers insights into the value and content of Transparency in WTO with the purpose of laying a solid foundation for the following chapters discussing the role of Transparency in Rule of Law in China. Firstly, the chapter discusses the value and content of Transparency in Rule of Law. Then, it accounts for the jurisprudence of Transparency on the basis of right of knowledge. Next, it goes on to discuss the idea of procedural justice and the roles Transparency plays therein and the contributions thereto. Last, it discusses the significance of Transparency in administrative law and functions thereof. Afterwards, this chapter explores into the economic and political aspects of Transparency, forming an interdisciplinary insight.The third chapter tries to discuss the China's commitments in her accession into WTO and China's efforts to implement and problems thereof. For this purpose, this chapter first takes note of the Chinese commitments and put into analysis. Secondly, this chapter goes down to enunciate the efforts undertaken by various parts of Rule of Law in China, namely, the legislative and judiciary and executive branches of China, to implement related commitments and achievements thereof.Thirdly, this chapter points out the problems with aforesaid efforts and calls for a systematic treatment of this topic.The fourth chapter shifts focus to a research of Transparency against the background of the Chinese tradition culture of law. This chapter firstly finds out the origins and features of the traditional Chinese law and its recent conflict with Western law, thereby answering the question that why Transparency fails to appear and rise in the Chinese context. Secondly, the chapter gives an introduction to the transition and transformation of the traditional Chinese law in modern times and offers the role of Transparency in the progressive Rule of Law in China, thereby offering a historical foundation for Transparency to be borrowed and flourish in the legislative and judiciary and executive branches of China.The fifth chapter treats the first link of Rule of Law in China---legislature---by combining with and focusing upon the Transparency. This chapter first offers an outline of the situation in the legislative system in China and discusses the problems arising wherefrom. Then the chapter goes to discuss related issues of legislative system, approaching such issues and offering solutions from the perspective of Transparency. The third part offers insights into the future developmental trends of China's legislature and the role Transparency may favorably play.The sixth chapter is mainly on the efforts of China's judiciary to implement Transparency and certain issues pertaining to judiciary system. For this purpose, this chapter firstly touches the basic situation of the judiciary system and problems thereof. Second, the chapter expounds the problems related with the judiciary and offers solutions with Transparency as the chief tool. The third part offers insights into the future developmental trends of China's judiciary system and the role Transparency may favorably play within.The seventh chapter is mainly on the efforts of China's administration system to implement Transparency and certain issues pertaining to the administration system. For this purpose, this chapter firstly touches the basic situation of the administration system and problems thereof. Second, the chapter expounds the problems relatedwith the administration and offers solutions with Transparency as the chief weapon. The third part offers insights into the future developmental trends of China's administration system and the role Transparency may favorably play.The eighth chapter concludes this paper, trying to offer a generalized account of the inspirations by Transparency for the process of Rule of Law in China. For this purpose, this chapter firstly discusses the impact of Transparency upon the ideas of Rule of Law in China. Then, the chapter generalizes the influences of Transparency upon the various links of Rule of Law in China. Lastly, the chapter talks on the overall evaluation of Transparency in Rule of Law in China, stressing the characteristic Transparency in Rule of Law in China and long-term process thereof. This chapter crystallizes this paper and carries it to the conclusion.
Keywords/Search Tags:Transparency, WTO, Rule of Law, Legislature, Judiciary, Administration
PDF Full Text Request
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