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On Administration According To Laws After China's Entry Into WTO

Posted on:2003-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y L XuFull Text:PDF
GTID:2156360065960759Subject:Law
Abstract/Summary:PDF Full Text Request
China's entry into World Trade Organization (WTO) is a choice made in accordance with the trend of the age and the development of global economy. It is a wise decision that shows the insight of Central Committee of the Chinese Communist Party and the State Council. It receives great attention and support from the whole nation. Our entry into WTO is the demand of furthering the reform and opening up and establishing the socialist market-oriented economic system, as well as the development of the national economy. Meanwhile, China's entry into WTO is also fit for the need of the world development and it will absolutely promote the development of world trade.After China's entry into WTO, the Chinese government will be the one influenced the most greatly, because the government's administrative pattern, which is characterized by controls and approvals for years, run counter to the spirit of WTO, that is "just, open and fair". So when China enters into WTO, Chinese government has to face the challenges from the globalization of the international economy. And the challenge will accelerate the reform of our government, including the administrative concepts, the disposition of government functions, the arrangement of government organs and government's mode of implementation. Undoubtedly, this reform will be carried out according to the principle of "rule by law". The government that can stand up to all tests of WTO is only the government that is ruled by law. And administration according to laws is the most elementary and the most important requirement for a government ruled by law.In recent years, the construction of socialist legal system develops rapidly and provides the legal grounds for administration according to laws. In China, the concepts of administration according to laws has been confirmed formally when the system of administrative lawsuits was established. At present, Chinese society is on the turning point from "rule by man" to "rule by law" and the administration according to laws is also on primary stage, does not fit the international standards and needs improvement and further normalization. The government behaviors haven't fit the main principles of WTO yet, such as our economic operation system and the orders of the marketing moves. The transparency and openness of the implementation of the executive administrative system is not enough. In some places, the laws are not observed and enforced strictly and law-breakers are not prosecuted justly. Some laws, systems or regulations in nature can not fit the demand of WTO. And there is still great discrepancy in knowledge, experience, professional personnel and systems.The rule of WTO is actually an international administrative law and an agreement among governments. If one wants to enter into WTO, he has to observe the rules of WTO. Therefore, our entry into WTO will have great effect on our administration according to laws. First of all, the basic principles of WTO will affect our construction of administrative legal system. Secondly, the biggest challenge after our entry into WTO is towards the reform of government structure. At the same time, it will influence the executive administration and government behaviors. So entry into WTO sets higher standards to our administration according to laws.The basic requirement asked for our government after the entry into WTO is that the administrative pattern of government should embody the spirit of WTO "just, open and fair". The spirit of "just, open and fair" should present in government's legislation, judicature and enforcement of laws. In market competition, government behaviors should be taken to support and safeguard the "fair play" of the whole market. The transparency and openness of the executive administrative system should be increased and the laws must be observed and strictly enforced and law-breakers must be prosecuted. To accomplish all these above, administrationIVaccording to laws is the foundation, the key point and the guaranty. We must administrate according to laws and reg...
Keywords/Search Tags:Entry into WTO, Govern/Rule by Law, Government Behavior, Administration according to Laws
PDF Full Text Request
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