On The Improvement Of The System Of Judicial Review Of Anti-dumping

Rights and obligations coexist, in December2001, China formally became a member of WTO, in the enjoyment of the member states as a special favor, it must fulfill the relevant obligations. WTO "Anti-Dumping Agreement" as an international treaty regulating the Member States to require the Member States in the implementation of anti-dumping measures, the need to establish judicial, arbitral or administrative tribunal to judicial review, and the requirements of these judicial, arbitral or administrative tribunal shall independent of the responsible authorities involved in the award or review in order to be able to ensure judicial impartiality and fairness. Judicial review of anti-dumping system is the "Anti-Dumping Agreement," modeled on the anti-dumping cases, the administrative authorities of dumping parties for processing, the parties involved in the case to the Ministry of Commerce or other relevant departments of administrative action filed litigation, our judiciary is obliged to provide judicial remedies for the parties.China’s existing laws and regulations related to anti-dumping mainly to "the Administrative Procedure Law,""Foreign Trade Law","Supreme Court to hear the application of anti-dumping administrative case law the provisions of a number of issues," and "People’s Republic of China Anti-dumping Regulations" and other relevant laws and regulations judicial interpretation based. Administrative Procedure Law which is just a programmatic presence for all of our administrative categories of cases, not a single anti-dumping regime made special provisions for judicial review of the anti-dumping trade law and finish is also just the principle of the Bill, and no rules, the supreme law of judicial interpretation is only a simple12, which can not meet the practical needs of our country.Dumping and Antidumping always co-exist, from the point of view of the complexity of the anti-dumping scope of judicial review of the object in question is extremely broad, including not only natural persons, legal persons and social organizations, countries and regions are among, if not handled properly both may cause trade friction between the countries; from the professional point of view, it is based on the review of international trade as the main target, a large number of international treaties, bilateral and multilateral treaties, these documents and regulations are complex and require specialized professional personnel to handle; from the perspective of the judicial authority of view, if the judicial review of anti-dumping cases mishandled class, most likely affect China have judicial authority in the international arena, thereby affecting the international image of our country From the above and other aspects, the present situation of the judiciary and the WTO requirements is still a gap. So from further improve and perfect the system of judicial review, the effective implementation of the WTO agreements, to protect the legitimate rights and interests of the parties perspective on our research of anti-dumping judicial review system is critical.Perfect anti-dumping judicial system, the first help to achieve justice and international advanced standards of justice, is a concrete manifestation of the Chinese government in order to achieve the relevant WTO rules and WTO dispute settlement mechanism standards, fulfill in good faith died commitments and international obligations; and help play an important role in promoting China’s administrative organs according to the law and the ruling according to law, improve and perfect the legal system of supervision and responsibility to safeguard the legitimate rights and interests of people and other relevant stakeholders; safety and help protect domestic industries, the domestic economy booming escort, to establish a good international image.This article is to our current Administrative Procedure Law, Foreign Trade Law, the anti-dumping regulations and judicial interpretations of anti-dumping cases on the basis of judicial review, by studying the WTO " Anti-Dumping Agreement," the judicial review system requirements and learn from the United States, the European Union and other Western national anti-dumping legislation and practice of judicial review, from the jurisdiction of the court, the plaintiff qualifications, several aspects of the case by the scope of review criteria, review proposals, such as the time limit in order for judicial review of anti-dumping regime to improve helpful.Through research based on existing theories continue to broaden the Civic to compare the theoretical basis for the study of law, combined with positive law, legal interpretation of law, value analysis and other research methods, the judicial review of anti-dumping regime concerned with such issues to sort out.