Judical Interpretation About WTO Dispute Settlement In The Field Of Anti-Dumping Law

In the legal system of China, judical interpretation is a kind of power which only authority to the Supreme Court and the Supreme Procuratorate. However judical interpretation equals to law interpretation in the common law system, it means the judges interpret the applicable law with the related cases in the trial proceedings. Thus, in the view of the author, judical interpretation in WTO is the comprehendsion and illustration of Panel and Appellate Body applying to the WTO law.Considering the wide range law of WTO covered, the author focus on the field of Anti-dumping law, probes how the Panel and Appellate Body to interpret this Agreement relying on the winded up cases of anti-dumping dispute. In the article 17.6(ii) of WTO Anti-Dumping Code, there are two interpretation rules for dispute settlement in the field of anti-dumping. One is the "customary rules of interpretation of public international law", another is the "deference to the authorities' decision". But in the practice, Panel and Appellate Body handle the established interpretation rules with different approaches, such as to observe, to abandon or to surpass.According the structure and style of the reports given by Panel and Appellate Body, the author concluded, in the dispute settlement of anti-dumping, Panel and Appellate Body have formed a flexible thinking mode about how to interpret applicable law, that is integrating the legal reasoning of deduction and analogy.