论WTO争端解决机制中的证据规则
发布时间：2018-11-27 21:44
【摘要】：无论是在国内争端解决中还是在国际争端解决中,证据都发挥着重要的作用。对于WTO争端解决机制来说,专家组对事实问题作出客观评估必须建立在充分证据的基础上。但是WTO法律体系内并没有对相关证据规则作出统一明确的规定,争端解决实践中,对证据规则的发展也因各案的不同而引起很多争议。 本文综合运用案例分析、比较分析、规范分析等多种研究方法,以WTO法律体系中关于证据规则的条款为基础,结合具体案例中专家组和上诉机构对证据规则所作的解释、说明,按照国内证据法中的取证、质证、举证和认证四个环节对WTO争端解决中的证据规则进行详细分析。然后针对WTO争端解决证据规则的完善提出个人建议,并且指出其对我国的启示,使我们在运用WTO争端解决时更好地维护我国的国家利益,并促进多边贸易体制的顺利运转。 除前言外,本文分为四个部分,首先对WTO争端解决机制中证据规则做以概述,然后对WTO争端解决机制中的证据规则进行分析,并对证据规则的完善以及对我国的启示进行了讨论,最后得出结论。 第一部分,WTO争端解决机制证据规则概述。在该部分中,首先对证据规则的概念进行介绍,然后对WTO争端解决机制中的证据规则的重要性和渊源进行了分析。 第二部分,WTO争端解决机制证据规则分析。这是论文的主体部分,这部分依据司法证明过程对取证规则、质证规则、认证规则和举证规则进行详细论述,并分析了在争端解决实践中产生的问题,为第三部分对证据规则的完善做以铺垫。最后对贯穿于该过程中的证据保密规则做以阐述。 第三部分,WTO争端解决机制证据规则的完善及其对中国的启示。通过第二部分对实践中相关问题的分析,在此提出证据规则完善的建议,并提出对中国的启示,以其对我国参与争端解决有所帮助。 第四部分,结论。该部分总结了正文中的观点,提出：虽然WTO法律体系没有关于证据规则的统一明确的规定,但是专家组和上诉机构在争端解决的实践中丰富并发展了WTO证据规则并逐渐形成体系,对以后的争端解决具有很强的指导作用。WTO争端解决机制证据规则包括规则渊源、取证规则、质证规则、认证规则、举证规则和证据保密规则等方面的,并且该规则体系在以后的争端解决实践中将会逐渐完善。
[Abstract]:Evidence plays an important role in both internal dispute settlement and international dispute settlement. For the WTO dispute settlement mechanism, the panel must base its objective assessment on the facts on the basis of sufficient evidence. However, there are no uniform rules of evidence in the legal system of WTO. In the practice of dispute settlement, the development of the rules of evidence has caused a lot of controversy because of the different cases. This article synthetically uses the case analysis, the comparative analysis, the norm analysis and so on many kinds of research methods, based on the WTO legal system about the evidence rule clause as the foundation, unifies the concrete case the expert group and the appellate body to make the explanation to the evidence rule, explains, The rules of evidence in WTO dispute settlement are analyzed in detail according to the four links of evidence collection, cross-examination, proof and authentication in domestic evidence law. Then, the author puts forward personal suggestions on the perfection of WTO dispute settlement evidence rules, and points out its enlightenment to our country, so that we can better safeguard our country's national interests and promote the smooth operation of multilateral trading system in the application of WTO dispute settlement. In addition to the foreword, this paper is divided into four parts. Firstly, the evidence rules in the WTO dispute settlement mechanism are summarized, and then the evidence rules in the WTO dispute settlement mechanism are analyzed. The perfection of the rules of evidence and the enlightenment to our country are discussed, and the conclusion is drawn. The first part is an overview of the evidence rules of the WTO dispute settlement mechanism. In this part, firstly, the concept of evidence rule is introduced, and then the importance and origin of evidence rule in WTO dispute settlement mechanism are analyzed. The second part, the WTO dispute settlement mechanism evidence rule analysis. This is the main part of the thesis, which discusses in detail the rules of evidence, cross-examination, authentication and proof according to the process of judicial proof, and analyzes the problems arising in the practice of dispute settlement. For the third part to improve the rules of evidence to do to pave the way. In the end, the rules of confidentiality of evidence throughout the process are expounded. The third part, the perfection of WTO dispute settlement mechanism evidence rules and its enlightenment to China. Based on the analysis of the related problems in practice in the second part, the author puts forward some suggestions on how to perfect the rules of evidence and gives some enlightenment to China in order to help our country to participate in the dispute settlement. The fourth part, conclusion. This part summarizes the points in the text, and points out that although the WTO legal system does not have a uniform and clear provision on the rules of evidence, However, in the practice of dispute settlement, the panel and the appellate body have enriched and developed the WTO rules of evidence and gradually formed a system, which has a strong guiding role for the future dispute settlement. The rules of evidence of the WTO dispute settlement mechanism include the origin of the rules. Evidence rules, cross-examination rules, authentication rules, evidential rules and evidence secrecy rules, and this rule system will be gradually improved in the practice of dispute settlement in the future.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.1
本文编号：2362109
[Abstract]:Evidence plays an important role in both internal dispute settlement and international dispute settlement. For the WTO dispute settlement mechanism, the panel must base its objective assessment on the facts on the basis of sufficient evidence. However, there are no uniform rules of evidence in the legal system of WTO. In the practice of dispute settlement, the development of the rules of evidence has caused a lot of controversy because of the different cases. This article synthetically uses the case analysis, the comparative analysis, the norm analysis and so on many kinds of research methods, based on the WTO legal system about the evidence rule clause as the foundation, unifies the concrete case the expert group and the appellate body to make the explanation to the evidence rule, explains, The rules of evidence in WTO dispute settlement are analyzed in detail according to the four links of evidence collection, cross-examination, proof and authentication in domestic evidence law. Then, the author puts forward personal suggestions on the perfection of WTO dispute settlement evidence rules, and points out its enlightenment to our country, so that we can better safeguard our country's national interests and promote the smooth operation of multilateral trading system in the application of WTO dispute settlement. In addition to the foreword, this paper is divided into four parts. Firstly, the evidence rules in the WTO dispute settlement mechanism are summarized, and then the evidence rules in the WTO dispute settlement mechanism are analyzed. The perfection of the rules of evidence and the enlightenment to our country are discussed, and the conclusion is drawn. The first part is an overview of the evidence rules of the WTO dispute settlement mechanism. In this part, firstly, the concept of evidence rule is introduced, and then the importance and origin of evidence rule in WTO dispute settlement mechanism are analyzed. The second part, the WTO dispute settlement mechanism evidence rule analysis. This is the main part of the thesis, which discusses in detail the rules of evidence, cross-examination, authentication and proof according to the process of judicial proof, and analyzes the problems arising in the practice of dispute settlement. For the third part to improve the rules of evidence to do to pave the way. In the end, the rules of confidentiality of evidence throughout the process are expounded. The third part, the perfection of WTO dispute settlement mechanism evidence rules and its enlightenment to China. Based on the analysis of the related problems in practice in the second part, the author puts forward some suggestions on how to perfect the rules of evidence and gives some enlightenment to China in order to help our country to participate in the dispute settlement. The fourth part, conclusion. This part summarizes the points in the text, and points out that although the WTO legal system does not have a uniform and clear provision on the rules of evidence, However, in the practice of dispute settlement, the panel and the appellate body have enriched and developed the WTO rules of evidence and gradually formed a system, which has a strong guiding role for the future dispute settlement. The rules of evidence of the WTO dispute settlement mechanism include the origin of the rules. Evidence rules, cross-examination rules, authentication rules, evidential rules and evidence secrecy rules, and this rule system will be gradually improved in the practice of dispute settlement in the future.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.1
【参考文献】
相关期刊论文 前3条
1 杨默;WTO争端解决机制中的举证责任规则[J];法律适用;2004年03期
2 余敏友,席晶;论WTO争端解决机制中的证据规则(下)[J];法学评论;2003年06期
3 赵维田;举证责任——WTO司法机制的证据规则[J];国际贸易;2003年07期
相关博士学位论文 前1条
1 吕微平;WTO争端解决机制的正当程序研究[D];厦门大学;2007年
，本文编号：2362109
本文链接：https://www.wllwen.com/falvlunwen/guojifa/2362109.html
