Comparative Study Of International Trade Litigation Institutional Settings Mode

Complete international trade relief system including domestic administrative procedures, bilateral or multilateral trade negotiations, the WTO dispute settlement mechanism, and the judicial relief.Our country lacks of a complete and effective judicial remedies, at present,international trade administrative cases mainly heard by the ordinary courts, this pattern has not formed a strong support for China's international trade. By comparing with the United States Court of International Trade and the Canadian International Trade Tribunal, represented by specialized international trade litigation bodies mode and normal mode to court on behalf of the European Union, we find the relevant legal norms under the United States, Canada and other specialized agencies of the model are more operational. They not only provide adequate judicial remedies for the international trade, but also have considerable deterrent to the trade relations states.To improve the foreign trade remedies system, and actively respond to trade retaliation protection, better handling highly specialized administrative cases of international trade, China should establish a specialized international trade litigation institutions, which not only conforms to the people's court of judicial reform direction of China, but also to learn The domestic and international experience. We should develop specialized legal norms and procedural norms for the establishment and operation of specialized international trade litigation institutions. They should clearly define specialized international trade litigation institutions as the Intermediate People's Court of our court system, and it is only in charge of the administration of justice, not in charge of administrative inquiry.On the institutional setting, comprehensive consideration of all the customs territory of the geographical scope,the development of foreign trade, the number of cases related, we should set up inter-provincial or municipal jurisdiction special international trade litigation institutions in the country, at the same time,it should be awarded to carry out investigation, hearing or court authority and other activities on abroad. In the scope of the case, it should cover the abstract administrative act including relevant regulations, administrative regulations and anti-dumping,anti-subsidy cases are not filing the relevant departments under the State Council decided that the negative preliminary decision, suspend or terminate the investigationdecisions and other administrative acts. On the adjustment of the rules of procedure,for each administrative litigation matters of international trade should be clear and detailed provisions of which include a wide range of body has the qualification proceedings,at the same time the statute of limitations in international trade administrative cases should be extended to one year, the appeal period should be appropriate extended to a month, so that the relevant parties are clear cases and collect evidence.