WTO下我国反补贴司法审查制度的完善

Perfection of System of Judicial Review on Anti-subsidies in China under WTO

反补贴司法审查制度是世界贸易组织《补贴与反补贴措施协定》(简称SCMA)确立的重要贸易救济机制,以督促各成员方反补贴行政机构依法行政,确保反补贴协定的国内遵守和保护相对人的合法权益。通过对SCMA中司法审查制度的研究,并借鉴美国、欧盟的反补贴司法审查立法和实践,拟提出完善我国反补贴司法审查制度的若干建议。

The system of countervailing judicial review is an important trade remedy mechanism,which is established by the WTO Subsidies and Countervailing Measures Agreement(hereinafter referred as SCMA).It aims to urge the countervailing administrative agencies of WTO members to abide by the law,and it also aims to ensure the compliance with SCMA in domestic and the protection of the lawful rights.The thesis is based on the provisions of judicial review on anti-subsidies ruled in the current laws,then it conducts an investigation in the judicial review of the SCMA,uses the experience of legislation and practice on anti-subsidies in the USA and the EU,finally,it puts forward some proposals about the perfection of system of judicial review on anti-subsidies in our country.