WTO协议在我国国内适用的问题

On the Enforcement of the WTO Agreements in China's Mainland

从国际法与国内法的关系和条约法的基本原理方面进行阐述和分析,分别就各国处理国际条约在国内适用问题的方法,我国处理国际条约在国内适用的实践,以及WTO协议在我国的适用问题展开论述,试图通过“转化”、或“纳入”及效力等级的分析从国际法、国内法理论方面解释这一难题,为我国的立法和司法实践提供一点新思路。

After the entrance of China into WTO, the enforcement of the WTO agreements in China's Mainland comes to be an unavoidable problem, which is urgent to be solved. This article focuses on the relations between international law and domestic law and the general theory of international treaty law, and discusses the approaches of the enforcement of international treaties, China' s practices dealing with the enforcement of international treaties in its mainland and the enforcement of the WTO agreements in our country. It tries to solve the difficult problem through the analysis of transformation and adoption of international law and its efficacy hierarchy based on the theory of international law and domestic law, in order to give some fresh ideas to our country's legislative and judicial practice.