论WTO与我国反倾销法中的司法审查制度

我国的司法审查制度基本符合WTO协议的规定,但亦存在需要完善之处,尤其是与WTO《反倾销协议》相联系的司法审查制度十分薄弱。我国应该改革反倾销法的立法体例,由全国人大制定反倾销基本法并在基本法中专章规定反倾销司法审查制度。不仅要设立反倾销司法审查的专门管辖法院,明确司法审查的诉讼主体,拓宽司法审查的受案范围,而且要将正当程序纳入司法审查标准之列,从而建立起完善的反倾销法体系与独立公正的反倾销司法审查程序。

On WTO and the Judicial Review System in the Anti-dumping Agreement of our Country

It is held in this paper that the judicial review system of our country is basically in accordance with that regulated in WTO agreement, but there is something in it to be completed, especially the part that linked with WTO < Anti-dumping Agreement > is quite weak. It is necessary for our country to reform the legislative stylistic rules and layout of the anti-dumping law as the anti-dumping law be set up by the People's Congress, where a set of rules about judicial review system should be a special chapter. Not only the special court that manages anti-dumping judicial review should be set up, which clearly affirms the lawsuit main party in the judicial review, widens the sphere of jurisdiction, but also the just procedure in the list of judicial review standard should be put, thus a perfect system of anti-dumping law, independent and fair proceeding of judicial review are set up.