摘要
In China,WTO agreements include two aspects. The first aspect is the text of the agreements, which are generally applied to each Member. The second aspect is the protocols with the accession conditions of China and the associated annexes. China′s accession conditions are divided into the conditions of the domestic market system and the condition of the market opening. The former is the domestic market system required by the international free trade and the government administration system, and the latter is the tariffs established by the government and the reduction or elimination of non-tariff barriers to trade. Since 2001, when China completed the accession process, China has not only realized the commitment of market opening in the stipulated transitional period, but also fulfilled the obligation which ensures conformity to the laws, administrative provisions and administrative procedures with the WTO Agreements. Although there is domestic legislation, which has been adjudicated as being in violation of provisions by the WTO Dispute Settlement Body, China has got through all the reviews on the domestic trade system organized by the WTO. It shows that domestic legislation has reached an acceptable level of conformity with the WTO Agreements.
本文以中国 2001 年以来法制发展为依据,阐述了中国在国内法律、行政规定和行政程序与世界贸易组织协定一致化进程中,制度构建、行政实施和司法审查诸方面的行政法问题。其中,保护世界贸易组织成员方贸易商的跨境贸易自由权,是作为传统国内公法部门的行政法接受世界贸易组织国际自由贸易规则的基础,也是经济全球化时代行政法的基本功能之一和行政法制度变迁的重心所在。尤其是行政机关对境内国际服务贸易和对进口货物的再生产和销售活动的后边境管理,是国内行政法与国际自由贸易规则高度结合并受到极大改造的领域。世界贸易组织协定能够对中国国内法行政法产生重大影响的基本原因,在于接受世界贸易组织规则是中国对外开放和改革经济制度的组成部分,基于市场体制的经济自主权和国际贸易权成为国内行政法的正当性基础。
