The Study On Burden Of Proof Under The WTO Non-violation Complaints

The World Trade Organization (World Trade Organization, referred to as WTO) dispute settlement mechanism is currently one of the world’s most effective dispute resolution mechanism. China is the World Trade Organization formal member, is also a major trading country in the world, in economic and trade fields will inevitably occur with other parties trade conflicts, for these complex of trade disputes need to contribute to the WTO dispute settlement mechanism. In the WTO dispute settlement process, the burden of proof is very important. This is because the burden of proof directly decides the whole case verdict, but also directly related to each party to the dispute between the realization of the substantive rights.Based on this, this paper takes WTO non violation complaints on the burden of proof for the selected topic, combined with theoretical and empirical methods, based on the classical case analysis and discussion, and the combination of panel and Appellate Body report on the burden of proof of non violation complaints undertook relatively systematic analysis and demonstration. On this basis, this paper proposed some superficial proposals and views, and hope that this will be on China’s participation in the WTO dispute settlement of inspiration.In addition to the introduction and conclusion, this paper concludes a total of four chapters, Thirty-eight thousand words.The first chapter is the qualitative problem of burden of proof of non violation complaints.This chapter through the common law and civil law concept of burden of proof in analysis and interpretation, taking qualitative and analysis of the burden of proof of the WTO non violation complaints at last; The second chapter is the distribution of the burden of proof of the non violation complaints--expert group perspective. This chapter begins with a comb and parsing of the principal legal systems of the burden of proof theory, and lay a theoretical foundation for the later study. After the point of view of the expert group on non-violation complaint drawn on the basis of in-depth analysis of the relevant case; The third chapter is the questioning to the point of view of allocation of rigorous the burden of proof.This chapter on the expert group point of view was questioned, that its point of view is still a lack of fairness and justice values, taking the objective and in-depth analysis to the questioned point of view and push forward the point of this article; The fourth chapter is that China should take reasonable measures under the system of the burden of proof of the non violation complaints.This chapter explains the non violation complaints system of the burden of proof on the impact of China, after fully analyzed and demonstrated in these influences China should take reasonable measures.