論WTO爭端解決機制中的證據(jù)規(guī)則
發(fā)布時間：2018-11-27 21:44
【摘要】：無論是在國內(nèi)爭端解決中還是在國際爭端解決中,證據(jù)都發(fā)揮著重要的作用。對于WTO爭端解決機制來說,專家組對事實問題作出客觀評估必須建立在充分證據(jù)的基礎(chǔ)上。但是WTO法律體系內(nèi)并沒有對相關(guān)證據(jù)規(guī)則作出統(tǒng)一明確的規(guī)定,爭端解決實踐中,對證據(jù)規(guī)則的發(fā)展也因各案的不同而引起很多爭議。 本文綜合運用案例分析、比較分析、規(guī)范分析等多種研究方法,以WTO法律體系中關(guān)于證據(jù)規(guī)則的條款為基礎(chǔ),結(jié)合具體案例中專家組和上訴機構(gòu)對證據(jù)規(guī)則所作的解釋、說明,按照國內(nèi)證據(jù)法中的取證、質(zhì)證、舉證和認(rèn)證四個環(huán)節(jié)對WTO爭端解決中的證據(jù)規(guī)則進行詳細(xì)分析。然后針對WTO爭端解決證據(jù)規(guī)則的完善提出個人建議,并且指出其對我國的啟示,使我們在運用WTO爭端解決時更好地維護我國的國家利益,并促進多邊貿(mào)易體制的順利運轉(zhuǎn)。 除前言外,本文分為四個部分,首先對WTO爭端解決機制中證據(jù)規(guī)則做以概述,然后對WTO爭端解決機制中的證據(jù)規(guī)則進行分析,并對證據(jù)規(guī)則的完善以及對我國的啟示進行了討論,最后得出結(jié)論。 第一部分,WTO爭端解決機制證據(jù)規(guī)則概述。在該部分中,首先對證據(jù)規(guī)則的概念進行介紹,然后對WTO爭端解決機制中的證據(jù)規(guī)則的重要性和淵源進行了分析。 第二部分,WTO爭端解決機制證據(jù)規(guī)則分析。這是論文的主體部分,這部分依據(jù)司法證明過程對取證規(guī)則、質(zhì)證規(guī)則、認(rèn)證規(guī)則和舉證規(guī)則進行詳細(xì)論述,并分析了在爭端解決實踐中產(chǎn)生的問題,為第三部分對證據(jù)規(guī)則的完善做以鋪墊。最后對貫穿于該過程中的證據(jù)保密規(guī)則做以闡述。 第三部分,WTO爭端解決機制證據(jù)規(guī)則的完善及其對中國的啟示。通過第二部分對實踐中相關(guān)問題的分析,在此提出證據(jù)規(guī)則完善的建議,并提出對中國的啟示,以其對我國參與爭端解決有所幫助。 第四部分,結(jié)論。該部分總結(jié)了正文中的觀點,提出：雖然WTO法律體系沒有關(guān)于證據(jù)規(guī)則的統(tǒng)一明確的規(guī)定,但是專家組和上訴機構(gòu)在爭端解決的實踐中豐富并發(fā)展了WTO證據(jù)規(guī)則并逐漸形成體系,對以后的爭端解決具有很強的指導(dǎo)作用。WTO爭端解決機制證據(jù)規(guī)則包括規(guī)則淵源、取證規(guī)則、質(zhì)證規(guī)則、認(rèn)證規(guī)則、舉證規(guī)則和證據(jù)保密規(guī)則等方面的,并且該規(guī)則體系在以后的爭端解決實踐中將會逐漸完善。
[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.
【學(xué)位授予單位】：鄭州大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D996.1
本文編號：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.
【學(xué)位授予單位】：鄭州大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D996.1
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