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On Improvement Of Mechanism For Legal Supervision Of Administrative Power With Regard To WTO Rules

Posted on:2004-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:Q C DengFull Text:PDF
GTID:2156360095952037Subject:International Law
Abstract/Summary:PDF Full Text Request
WTO legal rule is the focus issue which is studied in theory circles in recent years, the visual angle or set free and lie in rules of theoretical research itself in the past, or combine every concrete department law to study WTO rules. The ones that combined rules and studied a certain concrete system are relatively little. In view of this, this article examines closely the legal supervisory system of executive power of our country with the WTO rules.The article has probed into the general requirements what the WTO rules give the legal supervisory system of executive power of our country firstly. This kind of discussion regards analysing in concept as the basic point, and has carried on a theoretical analysis about the concept of the legal supervision mechanism of executive power, defines scientifically the intension of the legal supervision mechanism of the executive power, then analyses the general requirements especially. The analysis on what the WTO rules generally requires the legal supervisory system of executive power of our country is expanded from the fundamental concept of the WTO rules, key principles and concrete system.After analysing the general requirements abstractly, the article continues to have carried on the analysis of real example to the operation state of the current administrative legal supervision mechanism of our country. Having analysed some main issues, such as; the legal basis of current supervision mechanism, the mode of supervision and the exsiting problems. Insisting that lack location and soft restraint are the basic defects, which the people' s congress supervises tothe administrative power. There are not reason and not very transparency that are the key cruxs of supervision by administrative organ oneself, lagging behind and lack of authoritiveness are main deficiencies of judicial administrative supervision.Analysing through the real example, we have found out the main defect and insufficient of current supervision mechanism. The article continues putting the insufficient under the visual angle of the WTO rules to analyse, puts forward the concrete countermeasure which perfects the legal supervision mechanism of the executive power according to the general requirement of the WTO rules, its content includes: the conceptual change of supervision is the prerequisite which perfects the legal supervision mechanism of the executive power, the design of the operation mode is a reliance to perfect it, the perfection of concrete system is a realistic way to perfect it.
Keywords/Search Tags:WTO legal rule, legal supervisory system, executive power, perfect
PDF Full Text Request
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