| The thesis has 5 parts. The first part is the introduction. In this part, the author thinks that the accession to WTO will not only have a great influence on our economy and politics and be beneficial to China's participation in the globalization, but also make China's administrative legal system meet chance and challenge. Scholars have already made quite full and helpful discussions about WTO and the improvement of our administrative legal system. That these discussions vary in starting point and important points reflects of course the prosperity of academic research, but seems to make the otherwise simple problems so complicated that people get confused. Therefore, enlightened by some scholars dividing the administrative law into administrative substantive law, procedural law and law of remedies, from the second to the fourth part, the author tries to probe into the accession to WTO and the improvement of our administrative legal system and then make an organization and analysis of the issue so as to make it more clear and acceptable.1. The influence of the accession to WTO on the administrative substantive law. Firstly, to further reform our present import and export management system and to reduce the quantity restriction of import. Secondly, to ftirther improve our tariff legislation and relative policies and to safeguard the principle of fair competition of the market economy. Thirdly, to strengthen and improve the legislation of the intellectual property and to protect the intellectual property to a great degree. Fourthly, to accelerate our legislation on service trade and promote the development of the service trade. Fifthly, to further improve our legal system of foreign investment and to promote the continuous development of the foreign direct trade. Sixthly, to modify the current ?Foreign Trade Law?and to improve the foreign trade management system. Seventhly, to improve the anti-monopoly law and to guarantee the market order of fair competition.2. The influence of the accession to WTO on our administrative procedural law. Firstly, to strengthen our administrative public system, a. The transparency principle's direct influence on our administrative public system: the transparency principle of WTO provides the international transparent duty for its member states, that is, the laws and regulations including the process and the results of their stipulation should be public and transparent. After the accession to WTO, there are still some countries that show doubt about China's commitment to become a responsible member state, esp. about the international transparency issue. In the past, our country usually stipulated some loose, partial and concrete rules to solve these problems, ignoring the procedural system, which is not helpful to our economic trade contact, and the procedural system mainlyinvolves the administrative public system. So, the author suggests establishing a unifiedmechanism to examine and deliberate the laws, regulations, administrative standardized papersand judicial decision on goods trade, service trade and intellectual property related to trade by reference to the guarantee mechanism of the transparency principles of WTO, providing reciprocally the information of trade laws and policies through the agreements of both sides and communicating the information of our trade laws and policy by participation in some international organizations, and providing these information by using network, b. The transparency principle's indirect influence on our administrative public system. The so-called indirect influence indicatesthat the international transparent fules of the WTO transparency principle influence indirectly the national transparency, that is, the trade laws and regulations as well as the process and the result of them should be internally transparent. After the reform and opening up, we have made some progress in our administrative public system, but the progress still fall behind the economic and social development So the author suggests producing as soon as po... |
