Wto Impact Of Administrative Procedures Legislation

Administration of law is the fundamental demands to building a socialist legality country. In order to realise administration of law, the administrive organ not only enforces administrative power according to statutory authority, but also does executive action according to legal procedure. Therefore, it has became the realistic need to enacting the unified Administrative Procedural Code of the legal state. As a member of WTO, Chine must be controled by WTO agreements because it is the legal restriction and measure that WTO has supplyed to every member. WTO agreements is the international treaty to regulate the relationship of WTO members. The right and obligation in WTO agreements is applied on the legislation and administration to international trade by every member government. Therefore, after taking part in WTO, all contents of WTO agreements will be turned into the rule of our domestic administrative law. When we are working out the Administritive Procedure Code, we must consider the request of WTO principles. By studying the principles of WTO and the theory problem of our Aministrative Procedure Law, the article wants to explain that WTO agreements has produced an effect on aim models, principles and some rules of our Administrative Procedure Law.The article is composed of four chapters.Chapter One: Principles of WTO Agreements.First, the author introduces the property and legal system of WTO, points WTO agreements is the international treaty being signed by every WTO member. These agreements have legal restraint to every member government. Second, the author detaildely analyses the principles of WTOwhich will produce an effect on our Administrative Procedure Law.Chapter Two: Influence on Our APL's Aim Models.Beginning with the aim models of APL, the author analyses some elements to produce an effect on APL. On the base, the author points that there are not the right model and the efficiency model in our APL. The legislators should pay attention to the aim model that it equally protects the legitimate interest of domestic and overseas trade subjects.Chaper Three: Influence on Our APL's Principles.After summarizing the present research on principles of APL, the author analyses the effect that WTO principles have produced on APL's principles. Then, the author points that our APL's principles should consist of eight principles according to WTO agreements. At the same time, the author goes into details the eight principles, including their concept, concent and function.Chapter Fuor: Influence on Our APL's concrete system.Being affected by WTO principles, the administrative time limit system should reflect the more administrative efficiency. The administrative organ must finish the executive action in time, otherwise, it will have to fulfill unfavourable consequence. The formal hearing should be the necessary produce. In the system, the opposite person to the administration have any procedual right and the hearing record also have legal validity. To explain the cause is a legal obligation of administrative organ, the administrative subject should explain the cause of the unfavourable executive decision having been done by them.