The Development Of The U.s. Court Of International Trade And Its Enlightenment To China

Under the background of the economic globalization, the number of trade conflicts arising between nations presents ascendant trend along with the development of international trade and economy. These conflicts must be resolved by law. International cooperation and competition related to economy compel countries to care dispute settlement. As the developed, the US has a completed and mature judicial system which has evolved for more than two hundred years and become an outstanding pattern.The U.S. (United States) Court of International Trade established for international trade litigation, which is a special court, appears distinguishing feature in terms of convenience and expertise on disposing trade disputes and has become an important judicial review institution for regulating international economy and trade relations, being a vital role for maintaining national benefits and trade order. The U.S. Court of International Trade has developed from non-special Federal Circuit Courts, the Board of General Appraisers and the Federal Customs Court successively. It is not only the change of its names but, more important, the evolution of its nature, status and functions following the deep-going foreign trade and the alteration of number and nature of cases. Its nature evolved from non-special courts to the special court, from the administrative court to the judicial court. Its status enhanced gradually from an administrative unit within the Treasury Department to the court established under Article I of the Constitution and to the Article III court. Its functional jurisdiction expanded from reviewing decisions by United States Customs officials on appraisal and assortment to hearing all cases in relation to foreign economy and trade. All those changes were for adjusting the court to the needs of international trade development in the United States, dealing preferably with the relationship between judicial review and administrations and implementing international obligations better. The establishment of the U.S. Court of International Trade and the professional functions of the court have realistic and theoretic significance. As the biggest developing country, China, who has a half-century tortuous developing process and got a success, has many problems on international trade litigation system, such as vague standard of filing cases, narrow jurisdiction, lack of enactment, expertise and efficiency etc. American experience provides some valuable experience for our country's improvement.