Probe Into The Deficiency And Perfection Of The WTO Dispute Settlement Mechanism

The common characteristic of all the civilization is in need of applicable and expositive law rules, and also demands the criterion and procedure to solve the dispute amicably. And in the same way, it is the common exercise of the internal and international legal system. The WTO Dispute Settlement Mechanism plays a key role in the Multilateral Trade System; it has played the function ensuring WTO being operated smoothly, through the implementation of the function to Weigh and stop it confusingly definitely. It gradually turns into the basal and sensitive "safety valve". At one time, Whether China can enjoy the rights according to the agreement of WTO as a newcomer, must carry on the comparative research for execution of the agreement of the WTO major members and learn from lessons and experiences of them. In view of this, the home study on the WTO Dispute Settlement Mechanism stares us in the face.The WTO Dispute Settlement Mechanism bases on the core rules of the GATT Dispute Settlement Mechanism. One side, it has absorbed rationally the effectual regulations of GATT, and has carried on the organic combination. On the other hand, it aims at the existed drawback of the mechanism, and has adopted the bold innovation. At the same time, it has further widened the scope of application on the Dispute Settlement Mechanism and makes the means of solving disputes abundant The Dispute Settlement Mechanism that regards managing to compromise one another voluntarily as the primary goal for dispute parties, focus on the intermediation of the Penal, regards reviewing in DSB and sanctioning the suggestion or adjudication of the Panel or the Appellate Body as the routine, thinks retaliation that DSB authorizes and control as the last means of being implemented by force, intensifies the legal function, has broken through the traditional theory about the dispute settlement in the international law, has tried to implement the fraction system in the international organization, has endowed DSB with all right of fulfilling the judicial function independently. The international community has entered the new period of solving an international trade dispute.Although WTO Dispute Settlement Mechanism makes development, perfection and breakthrough on the mode of dispute settlement, procedure rule, etc and forms tentatively the quasi-judicial process of the trade dispute settlement, after the past ten years operation, it exposes the inherent defects of mechanism day by day, and these defects have seriously influenced the justness of the mechanism. So, through the analysis of the operation result to the WTO Dispute Settlement Mechanism, what findsthe persistent ailments that restrict its giving play to the" safety valve "of international trade and puts effective perfection propose forward have already become a task of top priority.In the connection of the legal settlement procedure, the Appellate Review lacks the due flexibility firstly, its review range is too narrow and the right of Accept Review is deficient, which have caused the chaos in some areas chaos. Hence, we should expand the review range of the Appellate Body under the restriction of certain condition and possess it the Remand Authority in some specific questions of fact and legal questions that the panel's reports does not involve at the same time; also the Appellate Body should be endowed with the power that reviews the rationality of the appellate application and dismisses the case qualified to appeal. Secondly, DSU lacks the intact and clear procedure of standardizing the third party's right. This causes the extended interpretation of regulation in DSU during the Panel or the Appellate Body dealing with the cases , the uncertainty that WTO awards has been increased. So, it is necessary to draw lessons from the International Court and the domestic law of procedure and offer the third party to the clearer and more extensive litigious right. Moreover, there is contradiction in the evidence rules; the tight rule system has not formed in the usage and affirmation of evide...