The Scope Of Plaintiff In Administrative Litigation About International Trade

Globalization of the world economy is a double edged sword, not only accelerated the international trade and economic development, but also brings international trade friction. Since China’s accession to WTO, the frequent exchange of international trade, Advantages of China’s exports to other countries, intensified the unreasonable anti-dumping and anti-subsidy on China’s I from other governments. Faced with other governments’ unreasonable decision, we should seek international trade administrative remedies. To make up for the vacancy of law, the Supreme Court Developed a three provisions on international trade administrative cases to deal with international trade Administrative Cases. They are to hear administrative cases of international trade regulations Issues, Provisions Concerning the application of countervailing Administrative Cases of Laws, Provisions Concerning the application of anti-dumping laws and administrative cases Issues. With the increase of the number of administrative cases in China’s international trade, international trade research on plaintiff range of administrative issues also has practical significance.However, since the era of international trade is the product of administrative litigation after our accession to the Protocol. At present, there are few domestic research scholars. Most scholars just study international trade system of administrative litigation for macro research.instead of in-depth analysis. And the important role industry associations plays in international trade in of administrative proceedings, if it can become a plaintiff’s research, we still lack of understanding and further research. This article is based on the situation of China’s sustained economic development, starting from the Administrative Litigation standards, analyzes industry associations should be the center of international trade and the scope of administrative litigation plaintiff, draws the importance of international trade to expand the scope of administrative litigation plaintiff, also give recommendations on China’s international trade and administrative adjustment range plaintiff.This paper, through literature analysis, comparative study, gives research on International Trade Administration Litigation Plaintiff range and mainly analyzes whether international trade association can be international trade administrative litigation plaintiff. This article, from the expaination international trade administrative litigation plaintiff meaning, combs existing WTO regulations, the relevant provisions of the United States as well as the relevant provisions of China, discovered the scope of administrative litigation on international trade of China is narrow. And the dispute about whether Industry association can become more international trade of the plaintiff in administrative litigation is great. The core part of this paper is to have a detailed analysis of the status of international trade carding plaintiff and the administrative problems, and to compare China plaintiff qualification standards with the US, as well as international trade and industry associations Administrative Litigation analysis, to put on the idea of adjustment about the range of administrative litigation plaintiff in our international trade. On the one hand, we can revise the relevant provisions so that our plaintiff eligibility criteria consistent with WTO, in line with China’s WTO commitments; on the other hand, we can add the industry association in the practice that the will for the plaintiff in administrative litigation, international trade. From two aspects of theory and practice to ensure that expand the scope of administrative litigation plaintiff international trade and industry association centered feasibility, guarantee the protection of the rights and interests of the other party of the damage, ultimately achieve fair and orderly international trade order.The rapid development of today’s international trade situation, require the scope of plaintiff in administrative litigation about International Trade must make appropriate adjustments to meet the development needs. Internationalization of administrative law requires more administrative relative who is entitled to the right to prosecute. Therefore, the increase in industry associations to expand the scope of plaintiff is the inevitable trend of international trade development. Expansion of international trade range of administrative litigation plaintiff ultimately will not only help ensure a relatively impaired human rights protection, but also to achieve a fair and orderly international trade order.