China Anti-dumping Judicial Review System Is Perfect

With the continuous deepening of reform and opening-up process, increasing China's foreign economic relations, trade disputes, emerging, particularly in relation to anti-dumping cases each year is increasing exponentially. Judicial Review of Anti-dumping trade law as an important modern international component of the modern rule of law is an important legal system. WTO Anti-dumping Code, the provisions for judicial review made clear, anti-dumping measures in national legislation contains provisions that each member shall maintain judicial, arbitral or administrative tribunals or procedures of such tribunals or procedures shall be independent in charge of the determination or review competent authorities.Although our country has entered WTO as formal member in 2001, the system of anti-dumping Judicial Review has not established for a long time. We still have a long way to go compared with WTO and other countries on independence of judicial organization, judicial limits, judicial procedures and judicial standard. This is a lack in our legal system.It is harmful to our economic and international trade.The first chapter consists of the anti-dumping judicial system in our academic status of legislation and a brief description of proposed research ideas. The second chapter comparative analysis of the WTO and the United States and Europe under the jurisdiction of judicial review anti-dumping system, made in China at this stage should set up a special court or tribunal to accept anti-dumping cases. The third chapter combining the current laws and regulations that, despite a court can accept a list of judicial review of the types of cases, but not clear definition of the admissibility of the specific administrative decision or determination, shall be extended by the scope of the case. The fourth chapter pointed out that China's existing laws did not make specific standards for judicial review, the relevant standard of administrative discretion are more vague terminology used, should be clarified. The fifth chapter of judicial review with case Proper plaintiff, the defendant's analysis of the scope that should be given to the case of a direct or indirect interest of the party plaintiff status, clear the Ministry of Commerce as the proper defendant.