Study On China Anti-Dumping Judicial Review

The paper consists of three parts: preface, main body, and the end. It is totally about thirty-eight thousand words. The preface is the introduction of the WTO influence, especially to China's judicial viewpoint and practice. It is concluded the WTO and the China's judicial revolution has the same viewpoint. The main body contains three chapters. Chapter one: the author lists and compares some legal phrases which is similar to judicial review, then makes a deep research and analysis on the practice of the judicial review in international and domestic scope. In the end of chapter one, the author introduces the history of the judicial review on anti-dumping. Chapter two: the author lists the article of WTO anti-dumping on judicial review and the judicial review system of U.S.A anti-dumping law. Because the establishment of WTO rule mostly depends on the western countries, especially on U.S.A and Britain, they almost have the same characters. Owning to the reason that WTO rules is international and fair, the analysis of them is useful to China's anti-dumping judicial review. Chapter three: it is the core of the paper. The framework is set up on Judicial Interpretation of Supreme People's Court of People'Republic of China on the Law Application in Trying the Anti-dumping Administrative Cases. The author analyzes some articles which are necessary to be modified, reconstructed, and important. Then, the author puts forward the new viewpoints: first, judicial review on abstract administration conducts; second, the objects of the anti-dumping judicial review; third, the legitimate standards of the judicial review; fourth, the limitation of the facts review which connotes adoption of principle on administrative records and advantage evidence; fifth, adopt the controversial principle on court; sixth, add the mediation as a dispute resolution means on administrative case; seventh, limit the litigation in the second trial and review; stipulate the period of the hearing case; etc. In the end of the paper, the writer traces back and makes a prospect on the development of anti-dumping law on judicial review in China.