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Judicial Review System In WTO

Posted on:2006-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:L Z LiFull Text:PDF
GTID:2166360155964729Subject:International Law
Abstract/Summary:PDF Full Text Request
China had joined WTO already, judicial reviev system played a very important role in the agreenment system of WTO. Firstly the article analyzes the conditions of judicial review to come into exstence in three factors and it makes comparion of judicial review system with every countries, further it makes the def ination about conotation and value of the judicial review system. At the same time it introduces the legal frame of WTO. The artical analyzes the relationship between judicial review and the mechanism of settle dispute in WTO. The judicial review system initially originated in American. Ours relational legislation and practice comparatively fall behind West countries. The protocol of China joined the WTO had makd a serious promise to judicial review. The artical introduces the situation of our country perform the promise in legislation and judicial practice, it also makes a evaluation of present judicial review system. At last,it suggests a few suggestion in perfecting Chinese judicial review system. Main suggestions are:transform concept, from policial dominationto legal donination, thoroughly overcome the concept of local protection and drpartmental protection;as well as overcome the concept of taking seriously with substance and pay less attention to procedure;extend the range of judicial review, fully protect the legitimate right of litigant;put the abstract political behavior and terminal behavior into the scope of judicial review;establish the criterion of judicial review with fair and legitimacy;ensure the independence of judicial review organ; improve the quality of judicial review staff;in short, only has present judicial review system improving with the day passing and constanly bring forth new ideas can we keep abreast of the times.
Keywords/Search Tags:WTO, Judicial Review, Political Behavior
PDF Full Text Request
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