On Perfecting The Judicial Settlement Mechanism Of International Trade Dispute In China

China has been rapidly emerged as the forefront of the world in foreign trade after joining the World Trade Organization in2001, which laying a solid foundation for China’s economic development. However, the United States and some other countries and regions frequently launch various trade protection measures against China making use of non—market economy status of China at the same time, causing irreparable damage to the legal interest of our country. International trade disputes only can be fundamentally solved by legal channels in the WTO context.There is no doubt that the judicial settlement mechanism of international trade dispute in China has been made lots of achievements in the past few decades, but it still expose many deficiencies when faced with the new international trade situation in the moment, such as lags in the idea of legislation, uncertainty in the jurisdiction of the courts and stenotic in the case range, the lack of high current international trade law while the current law is to rough, the non—professional judgment skills and inefficiency in trailing, uncertainty in Judicial Review System and so on. All these sectors fail to meet the increasingly complex needs of international trade dispute settlement. Perfect the judicial settlement mechanism of international trade dispute in China will not only help build a good foreign trade order and resolve practical trade disputes between China and foreign counties to safeguard the legitimate rights and interests of China, but also enable to promote the construction of China’s judicial system innovation and improve the professional aspects of Chinese courts in trailing international trade cases in a further step by drawing the establishment and operation ideas of specialized International Trade Court in foreign counties.The framework of this paper consists of three parts. Part1analyzes the current situation of the judicial settlement mechanism of international trade dispute in China to identify its shortcomings and investigate the causes of status quo. Part2put emphasis on researching and summarizing the judicial settlement mechanism of international trade dispute in foreign countries represented by the United States and the European Union, aimed at learning from the mature judicial system and sophisticated judicial philosophy of both countries. Part3comes up with several solutions about perfecting the judicial settlement mechanism of international trade dispute in China, including specific ideas of building the International Trade Court of China, supplement of legislation and complement of the judicial review system and so on, based on experiences of the judicial settlement mechanism of international trade dispute in USA and EU, combined with Chinese judicial practice and basic conditions.