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On The Basic Legal Principles Of Wto On China's Judicial Reform

Posted on:2003-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2206360125470436Subject:Legal theory
Abstract/Summary:
At all times, the reform of judiciary is one of important contents during the constructing of society and country which ruled by law in China, but there are some unavoidable bugs in our reformation which were pushed by government. It is that there is lack of extrinsic and powerful restrict and drive in our reform of judiciary.Up to date China has been a member of WTO, which will apply great positive effect on depth and pattern of reform of judiciary undoubtedly. In fact, WTO is a skillful,sufficient and self-contained law system which was used to inhibit every country which is a member of it. Its aim is to put an end to any improperly measures implemented by any country so as to guarantee the global free trade can go along thoroughly and persistent. There are some fundamental principles in WTO, principle of transparency, principle of non-discrimination, principle of uniform,equitable and reasonable implement of law, principle of judicial review are four of them. Since all these four principles give specific,concretely and high standard requests to the judiciary of any member, they will certainly apply great effect on our reform of judiciary and become compelling inhibit force to the reform .Reform of judiciary is a general social project, which will involve in all kinds of problems. Sure we can say that on a certain extent, our reform is to disassemble every aspect of our traditional judiciary. Our reform is aimed to realize equitable,self-governed and high-efficiency of judiciary so that our judiciary can meet the request of law.During the reform of judiciary, general public will pay great attention to reform of judgment firstly as it is the ultimate and direct embody of equity and authority. As we all know, judgment is the part of judiciary, which can be watched by general public easily in process of judiciary, so we need to work hard with it to improve the make-level of it.Then, since the composing of high-standard judgment depends on judge, we also need to pay attention to the attainment of judge. Whether the attainment of judge can be improved greatly is really an important work of our reform of judiciary. In fact, one of aims of reform of judiciary is to improve the attainment of judge so as to meet the request of law. Finally, we surely have to give our attention to the uniform and independence of judiciary. As an institutional basis of independence of judge's will, the uniform and independence of judiciary play an important role in our reform of judiciary. It's really a hard work to realize the uniform and independence of judiciary; it's really a hard work to eliminate the regional protectionism in our judicial practice nowadays, but we have to achieve it. In fact, we will not realize the purpose of reform really and truly without the uniform and independence of judiciary. According to these considers this paper will focus on the three problems abovementioned. We can sure easily find that the fundamental principles of WTO give specific requests to these three aspects of judiciary, and there are lots of elaborate articles on them in pacts of WTO. Undoubtedly, our reform of judiciary will certainly develop more thorough and persist at requests of WTO.
Keywords/Search Tags:China', s
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