Judicial Review System Under The Wto Rules And China

After the entry into WTO, the various rules of WTO, especially the judicial review, have strong influence on the law construction of our country. The process, to China, is not so much one in which economy gets consistent with the world as one in which governmental behavior becomes consistent with the world, and WTO rules are not so much market rules as governmental rules. Any types of government rules, however, should lead to a common target, that is government of rule of law, or government that is limited and effective. The judicial review system, as one of the essential contents of the WTO agreements, has laid down some rules for each member country to draw up their own system based on the requirements of WTO judicial review. Therefore those agreements reached by the WTO members can be fairly and reasonablly implemented in a unified form in each member country, whereby whenever any one of the member's administrative act is infringed on, the necessary reliefs would be supplied; whereby the development of the international trading would be promoted in a free and high-effective way. Thus, the people's living standard would be raised too. Meanwhile, there are some confusement about WTO judicial review in our contry.Besides descripting the framework of WTO judicial review through analysing its forming process and background, this paper elaborates on its content, purpose, mainpart, the main characteristics of its function channels. And more important, this paper clearly discusses the judicial review system in our coutry, which is at present the administrative litigation, and makes an overall analysis. Based on the shortcomings of this system, the paper gives an overall thought on how our judicial review system can be perfected and also some tentative ideas.