中国入世时对司法审查的承诺:对中国司法改革和政治改革的影响

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【作者】黄美英

【内容提要】

China's accession to the World Trade Organization ("WTO") thrusts formidable challenges on Chinese leadership to honor promises relating to the country's rule of law developments.One major challenge involves establishing an independent judicial review system in a country not known for judicial independence.This ill in China's court system has not only aroused grave concerns among observers of China,but has also become an issue more openly acknowledged by Chinese judges.Under Article 2(D) of the Protocol on the Accession of the People's Republic of China,China agrees to establish, among other things,tribunals for the prompt review of certain WTO related administrative actions. Such tribunals "shall be impartial and independent of the agency entrusted with administrative enforcement." These review procedures shall include the opportunity for appeal" and "if theinitial right of appeal is to an administrative body, there shall in all cases be the opportunity to choose to appeal the decision to a judicial body." In short, China agrees that there shall in all cases be an opportunity for an impartial and independent judicial body to review specified administrative actions.

【关键词】independent judicial review system,judicial independence

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