Research On Admissibility Rule Of WTO Evidence

World Trade Organization(WTO)dispute settlement mechanism is mainly through legal procedures to regulate the settlement of trade disputes,one of the most important part is about admissibility of dispute evidence.The core issue of all trade disputes is to provide evidence of his claims,but the WTO legal system and not on the rule of admissibility for unified regulations and clear,so WTO in the practice of dispute resolution applicable rules of evidence are inevitably influenced by domestic law Procedural Regulation effect.Although the WTO dispute settlement procedures in evidence based concept and the related rules of evidence and other international dispute mechanism and domestic law has many similarities,but given the special nature of WTO dispute settlement procedures and rules,and provide the admissibility and probative value judgment of the specific rules of evidence still exist many differences in the relevant evidence.This article mainly from the rule of admissibility of the evolution of detail,evidence admissibility rules of the admissibility of the development and change of the theory of meaning,promote the basic issues,and then through the concrete case,refine the WTO admissibility rules in general rules,and to establish in practice to delay to obtain evidence,the negotiation process of the evidence,the evidence submitted,one-sided specific types of evidence can not be adopted as the rule.However,there are some deficiencies in the specific content of WTO evidence admissibility rules,such as the precedent,the obvious loopholes in the admissibility rules and other specific content.WTO evidence admissibility rules still exist in the operation of evidence rules lack of clear specific standards,lack of evidence admissibility rules procedures supporting mechanism defects.Based on this,we should perfect the admissibility rule of WTO evidence.In perfect need to consider not only the reference and base on the dispute settlement mechanism,and make sure the balance of entity justice and the procedure justice,balance of interests and value into account,the dispute settlement efficiency and WTO evidence of many factors such as mining.Therefore,we should focus on the following aspects: perfecting specific criteria WTO the rule of admissibility;clear WTO evidence can be adopted and excluded;construct the admissibility of independent evidence pre procedure to avoid.At the same time,perfect and WTO evidence supporting system adopt rules related to the advance,forming a security rule of admissibility in and after reasonable operation mechanism,which is conducive to the effective implementation of the rules of admissibility of evidence WTO.