Wto Dispute Settlement System

Economic globalization can't be reversed. China's acceding to WTO is just round the corner. The WTO dispute settlement system is called a bright pearl on the imperial crown of WTO. Studying the system shall make our country full use of it to protect our country's interest in the multilateral trade system after our country's acceding to WTO, and promote innovation of it for the interest of our country and other developing countries. According to the author, the method of the settlement in the system originate from judicial and non-judicial method in the international and domestic laws that have their own characteristics and make different function. In the thesis, the author make a concrete analysis of the embodiment of judicial and non- judicial characteristics of the system, and believe that most procedures consist of two characteristics and a few only have non-judicial characteristics. On the basis of analyzing the system by jurisprudence, the author puts forward that one value objective of this system is to realize justice by procedural justice and the equilibrium of interest, also gives that the system shall obey six principles to realize procedural justice. Through analyzing the system by law and Economics, the author puts forward that another value objective of the system is procedural efficiency. This system is the demand of the theory of transaction costs, coorperative games producing efficiency demand that non-judicial characteristic is embodied in the process of WTO dispute settlement. The author introduces the changes of dispute settlement system from GATT1947 to WTO. Concerning the defects of the current system, the author suggests setting up compulsory execution process and a process to confirm whether the losing party executes the report adopted by DSB properly. The author also study the problems related to china's coping with the system after acceding to WTO. Especially, puts forward concrete measures coping with the system for the legislature, judicial office and administrative organ, also gives six research methods related to coping with WTO dispute settlement , which should be paid attention to.