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The Research On Chinese Judicial System Under The Regulation Of WTO

Posted on:2004-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:W DongFull Text:PDF
GTID:2166360155964808Subject:International Law
Abstract/Summary:PDF Full Text Request
By entering the WTO, a new stage has been marked to the economic development and opening in China. As the changing legal environment and the difficulty in solving case ,not mentioning the need of cleaning and revising to judicial construing affecting trading, We have be aware of the coming impact and challenge by taking proper countermeasure and efficiency as to keep the smooth development of economy and society of China by providing more enforcing judicial protect hereto ,which requires our national judicial department makes proper adjustment on judicial examining , independence of judiciary and application of law as to meet the requirement of WTO in reasonable manner. This thesis has explored the above while giving advices for solution thereof as to reader's digesting.As the great part of the principle, judicial examination means the necessary method of enforcing capacity of operation to WTO regulation and preventing disputing the administrative power with the presentation of legalization. Due to the importance of judicial examination in the WTO regulation, chapter 2 studies on judicial examination and depicts judicial examination and rules to be built in accordance with WTO while giving advice for method of revising administrative law, transferring WTO regulation into our domestic law , promoting the independence and position of court, enforcing the decisiveness and effectiveness of judicial judgment as well as optimizing the judges.The judicial independence means people's court examines cases of and the inspect department supervises in accordance with fact and law only without direct and indirect impact or pressure , no matter it comes from the administrative department, social institute or the one with power. Chapter 3 studies on the function of judicial independence , the meaningfulness of judicial independence as well as the problem exists herein while giving advice to enforcing judicial independence and the mode promoting our judicial system.The improperness in the judicial construing in view of the present reality whilegiving advise of promoting our judicial construing on the demands of legal theory and WTO regulation as to the proposal of canceling multiplex presence to apply the centralization in the judicial construing , enforcing enacting construing s holding on to the principle of legality in judicial construing which is limited to the scope of duty , enforcing the abstract construing and weakening the specific construing , publishing the judicial construing and establishing the records for judicial construing.Upon the impact and challenge of the entry of WTO for China, the people's court must have a thorough understanding of the current situation and deal with it carefully, taking advantage of its strength and avoiding the weakness, so as to control the whole situation strategically. With reference of other developing countries' experience on changes in legal system before and after their entrance to WTO as well as other developed countries' experience on organization and operation of the legal system, The People's Court must consider our own special circumstances and predict the developing trends of the relative issues in order to set and apply the policies which not only comply with the rules of WTO but also prompt the economic growth and the society progress.
Keywords/Search Tags:WTO, Judicial System, judicial examination, judicial independence, judicial construing
PDF Full Text Request
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