Expound On Improvement Of Judicial Review Of China After The Transition Of China's Entry In WTO

As the one of the designed system to supervise administrative power, judicial review system has received continuous concerns from both scholars and legislators in recent years. Especially during the transition of China's entry in WTO, how to establish a scientific and reasonable judicial review system has been a pioneering and hot topic among scholars. However, after the transition period, now there is less research about this problem. As far as I'm concerned, under the new circumstance of political and economic reform, judicial review system of China should be further improved in accordance with the requirements both from WTO system and China's rapid social development. Therefore, this article, composed by four parts, aims to analyze the new situation in the face of the judicial review system after the transition of China's entry in WTO and put forward some suggestions about further improvement.First of all, to make clear definition of judicial review is a fundamental problem. On the basis of the analysis of the definition from the civil law as well as the common law, we get a conclusion about the definition of China's judicial review system which is different from the two law system. Meanwhile, we introduce WTO regulations and China's promise relating to judicial review system in which the WTO-plus liability Chinese government shoulders should be paid more attention.'Second, it is a trigger to make us improve our judicial review system nowadays that our society has been experiencing great changes in most of fields of social system and consciousness. In terms of law system reform, although we has made some effective measures to keep the independence of judiciary, the superiority of the administrative power influence severely to realize the aim of judicial reform. And on the other hand, different kinds of conflicts are intrigued by rapid development of economy which also leads to higher quality requirement for judges to make trials. What's the most important thing is securing individual legal rights and democracy has been the mainstream of social consciousness, how to provide sufficient judicial review system is really an urgent problem waiting for settlement.Third, we obtained noticeable achievements in adjustment of legal system during the transition period which is the foundation for the further improvement of judicial review system. At the first place, our government changed their guiding ideology in the role of social management from a manager to a servant which means administrative power was trying to restrict itself, and at the same time, promulgation of series of new laws, such as "Administrative License Law of People's Republic of China" and "Civil Servant Law of People's Republic of China", which intensified the tendency. And on the other aspect, the blossom of the research about the judicial review system during the transition period also brings about useful reference and enlightenment in judicial review's improvement.The last, five proposals are be listed in modifying our judicial review system adapting to new circumstance and situations after the transition of China's entry in WTO. These suggestions refer to the principles oriented by constitution, the further expansion of the scope of accepting cases, establishment of administrative procedure, the amendment of the grounds of judicial review and promulgation of new essential matching laws.