Wto Context Of Judicial Reform

The entry into the WTO is not only an inevitable choice for developing socialism market economy, but also a great decision for promoting the opening and reforming policy. The entry into the WTO has direct influence on the rebuilding of law, among which, the most urgent problem is that our judicial reform should be connected with internationalism. During this process, the judicial reform in China should be bound to reveal the judicial need of global system of market economy, embodying the general factors of global judicial civilization development. Therefore, we should make modern innovation and reform for those intrinsic judicial ideas and judicial system, adapting to the global economic, social and legal environment. This article has found out the disparities between our traditional judicial ideas and present judicial system and the requirement of the WTO by analyzing the rules and modern judicial ideas of the WTO. Futhermore,the author has proposed the corresponding measures of the judicial reform of our country on the basis of the system and ideas. On the linguistic context of this text, the author carefully limits the judicial reform in the scope of the reform of court of justice, not including the reform of the system of the procurators or the other things.Legal reform should take the innovation of judicial ideas as a guide, otherwise the judicial reform has to make systematical remedy occasionally because of its own causality. Judicial ideas vary in different social stages. And they are also in a certain condition of developing and perfecting continually, so as to adapt to the needs of the changing economic bases and superstructure. The entry into the WTO pushes China into the "Game rules " of economic globalization. In order to conform to the rules and needs of modern market economy and provide a powerful protection for the new model of economic development, the only thing we can do is to update the judicial concepts, establishing the judicial ideas such as impartial, opening, independence, equality and efficiency.Giving a general look at the series of new demand of the doctrines, it is both achallenge and a chance for our judicial reform. The doctrines related to judicature are mainly the doctrines of judicial independence, the doctrine of judicial transparency, the doctrine of unified legal system, the doctrine of dispute settlement, the doctrine of judicial review, the doctrine of consistent interpretation in the WTO. These rules have put forward certain requirements in the independence and authority to the administration of justice, judicial process, judicial interpretation system and judgment documents.Reviewing the present judicial reform of our county, we can realize that because of the influence of the out-of-date judicial views of legal nihilism, political tool doctrine, and procedure tool doctrine, nowadays, there are gaps between our judicial system and the doctrines of the WTO, which manifested is that the judicial independence is not powerful, that the judicial authority is need to establish and consolidate further, that the system of judicial interpretation still does not conform to standard, that the scope of judicial inspection is too narrow, that the judicial transparence need to be enhanced further, and that the degree of specialization of the judges is relatively low.Therefore, we should use the chance of the entry, adapting to the tendency of globalization, according to the basic law of modern market economy system and the need of the WTO, changing our judicial ideas, choosing and rebuilding the judicial system, and promoting our judicial reform positively, abiding by the political principle, the legal principle, especially from the angle of strengthening the judicial independence, establishing the judicial authority, strengthening the judicial consistency, enhancing the judicial transparence, perfecting the system of judicial inspection and strengthening the professional construction of the judges.