The Wto Dispute Settlement Mechanism And China's Judicial Modernization

The establishment of WTO dispute settlement mechanism, especially the panel procedure,the appellate procedure and the execution procedure has created a new judicial mechanism which is full of binding force under the global multilateral economy system. Foundation of the dispute settlement mechanism has been a significant symbol in the judicial international-oriented development. However, this creation reflects the of the unitive characteristic of law development ulteriorly. And at the same time ,it brings about the important influence to China judicial modernization. On one hand ,by the reason of the respective jurisdiction on the same case , dispute seUlement mechanism takes on the intendance function in fact. As soon as the foreign party of the international trade doesn't think the judicature is efficiency enough to guarantee his rights and interests, he could appeal to WTO dispute settlement mechanism immediately via the authorities. Furthermore, the different jurisdiction allot between the domestic court and the WTO dispute settlement body makes the court must face up the challenge of sovereignty defence. On the other hand, during the operation of the WTO dispute settlement mechanism , as the result , kinds of relations and conflicts exist inevitably. It refers to the panel and appellate body how to estimate the function domestic court in the process of lawsuit, for example ,if the appellee can use the famous principle 梕xhaustion of local remedies as the demurrer,etc. For this purpose ,after filter to all cases date from the birth of WTO to the December of 2001, after choosing from the typical report and analyzing them ,this thesis is intended to probe into the active function of China judicial system from multi-aspect. In the conclusion, fair and square of the judicatory is the key connotation of the restructure of the global judicial system. And it is the main content of the field of judgement from the intendance of WTO. So only to build up an open and efficient judicatory on the basis of tradition culture trait is the China's rational choice.