WTO与我国司法审查问题研究

A Study of the Relationship between WTO and Judicial Review System in China

建立独立、公平的司法审查制度是WTO协议的基本内容之一,我国由于宪政体制的原因,在司法审查的范围、审查主体的权限和审查标准方面均和 WTO的要求存在一定的差距。为减少投诉到 DSB的纠纷的数量,我国应及早确立符合WTO要求的司法审查制度。

To establish a fair and independent judicial review system is one of the basic requirements in the WTO Agreement. There still exists some divergence to some extent between Chinese judicial review system and WTO standards in terms of the scope, subject, and standards. China should perfect its judicial review system as soon as possible in order to reduce the disputes that are reported to the DSB. The article recommends some constructing advice to perfect Chinese judicial system on the basis of analysis of the current divergence.