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一、WTO协议对反倾销案件司法审查的要求 反倾销案件司法审查制度是WTO反倾销协议得以实施的重要保障。WTO反倾销的宗旨是实现国际贸易自由化,消除各国政府对贸易的壁垒。WTO反倾销协议中的绝大部分内容是针对政府行为的,是以政府的管理活动为对象的,因而需要一个机制保障各成员方政府履行义务。司法审查,就是成员方内部实施WTO反倾销协议的重要保障。司法审查程序通过对行政机关的行政行为进行审查,取消不适当的行政终局决定权,发挥司法最终解决纠纷的职能。WTO协议中有关反倾销案件的司法审查的规定如下:
First, the WTO agreement on the judicial review of anti-dumping cases Anti-dumping case judicial review system is the WTO anti-dumping agreement to implement the important guarantee. The purpose of WTO anti-dumping is to achieve the liberalization of international trade and eliminate the barriers to trade enjoyed by all the governments. The vast majority of WTO anti-dumping agreements are directed at government actions and are directed at the government’s management activities. Therefore, a mechanism is needed to ensure that all member governments fulfill their obligations. Judicial review is an important guarantee for the implementation of the WTO anti-dumping agreement within member countries. The judicial review procedure examines the administrative actions of the administrative organs, abolishes the undisputed right to decide on the final administration and gives play to the judicial final settlement of disputes. The provisions of the WTO Agreement on the judicial review of anti-dumping cases are as follows: