The Wto And China's Administrative Litigation System Is Perfect

The first part of this article made an abstract introduction about characters, status and functions of World Trade Organization's (WTO) judicatory censor system in the WTO rule. As an international trade organization, the object of WTO judicatory censor system is to provide chances about censoring for organizations, which were disadvantageously effected by government, according with member country's judicatory censor system, to correct government behavior, that offence WTO rules, in order to eliminating various trade obstacle in time, so as to realize the freedom of global trade.In the second part of the article, it has detailedly discussed the characters of judicatory censoring system from original theory of WTO judicatory censor system. The original theory of WTO judicatory censor system came from British-America judicatory censor system, British-America judicatory censor system is different from Mainland judicatory censor system, countries of British-America system always don't have special administrative censoring organization, as well as uniform administration process code, which specially modify administrative adjudgement corresponding with administrative lawsuit, furthermore, British-America system don't has so many restrict for object of judicatory censor as mainland system, most of administrative behavior can be exerted by the right of judicatory censoring, except few cases that exactly excluded by law. WTO judicatory censoring system integrally presents the spirit and intension of the judicatory censoring system of British-America law system, at the same time, as a world wide trade organization, its rule inevitably consider the reality of every countries, according with the character of WTO rules, the writer mainly discussed the few points as below: the organization that exert the right of judicatory censoring has diversity and independent, censoring process must be fairand objective, must accord with the requirement of lawsuit, the termination of judicatory censoring, the limitation of judicatory censoring, in a lot of agreements of judicatory censoring in WTO, it considerably obviously present the respect to member's constitution, policy and law system.In the third part, writer has discussed the adaptability between WTO judicatory censoring and administrative lawsuit system, mainly discussed in two aspects: 1, adaptive part mainly present in 3 aspects, 1) Our country had constructed integrated adjudgement organization in every level that almost independently of administrative organization and can independently judge the cases. 2) Present law establishs that judicial organization has the right of final censoring to frondose administrative behavior. 3) Object of judicatory censoring is considerable totally, not only does it censor initial administrative behavior, but also does censor some re-judged administrative behavior. 2, the unadapted part between The administrative lawsuit of our country and WTO judicatory censoring system is the main part of this chapter, writer mainly discussed from 6 aspect, 1) about censoring of abstract administrative behavior, after Law of Administrative Lawsuit carried out, it didn't include the abstract administrative behavior in censoring of administrative lawsuit, so the problem is always a hotspot for judicatory field. But WTO required that all behavior about trade must be included in judicatory censoring, it becomes a challenge for our administrative lawsuit system. 2)The final judgement of administrative behavior. Because the agreement of entering WTO has promised the principle of the final censoring, that means that all the administrative re-judgements are not the final judgements, it conflicts against our present law, the most prominent point is the status of State Department, so as whether The State Department could be considered as appellee in administrative lawsuit, it's not permitted in present law, but it undoubtedly conflicts with the permission of entering WTO. 3) Qualify and law status of accuser inadministrative lawsuit. The qualify of accuser in...