中国入世与司法审查承诺

Abstract

This book examines the legal reforms that the Chinese government has been undertaking in order to fulfil its commitment to the WTO’s requirement of independent judicial review. As a new member of the WTO China has moved quickly to comply with the WTO’s requirements, relating to the scope of judicial review, right of appeal, administrative trial proceeding, jurisdiction, evidence, the standard of review and the application of law. The Supreme People’s Court, for example, sponsored reforms that extended the scope of the judicial review system so as to protect citizens’ right of appeal, introduced a new transfer system so as to control for ‘local protectionism’, and enhanced the judge’s independent ability to authenticate ‘evidence’. Reform of judicial review is working towards independence from interested administrative agency. The book details progress in all of these areas while also identifying a number of outstanding areas of divergence that need to be addressed with greater emphasis, especially with respect to the operational separation of the judicial and administrative systems.