构建与WTO相衔接的行政法制的基本思路

WTO所规定的多边贸易成员方的法律义务,主要是成员方政府在其国内履行的义务,是政府的职能活动,而非贸易商的经营活动.如何发展与WTO相衔接的行政法制体系,以规范和保障政府的行政管理制度的有序运作,使之适应WTO的需要,应是法学界研究的新课题.构建与WTO相衔接的行政法制的基本思路是促进行政法制的立、改、废提高依法行政的水平强化监督行政法制机制.

The Basic Concept of Constructing Legal System of Administration in Line with WTO

The legal obligation for the members involved in multi lateral trade which are specified by WTO mainly deal with the obligations of governments of its members. They are regarded as the functional activities of the governments rather than commercial and trading activities. A new topic for the jurists to study is how to develop a legal system of administration which may be in line with WTO so as to standardize and guarantee the orderly operation adaptable to WTO. The basic concepts of constructing a legal system of administration which is in line with WTO include the following: 1) promoting the legislation, amendment and abolition of the legal system of administration; 2) improving the art of exercising administrative rights by law; 3) intensifying the supervising mechanism of legal system of administration.