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中国入世不仅是个政治与经济问题,它更是个法治问题。因为WTO关于国际贸易领域的一整套法律和纪律框架,是以政府行为作为主要内容的,以政府的管理活动为调整对象的,因而与政府权力的运作密不可分,与行政法治的发展和完善息息相关。石佑启就WTO与我国行政法治建设七个方面问题,进行了分析。一、关于宪法性制厦。WTO与我国宪法性制度直接相关的问题有两个:一是WTO的成员方的行政机关和司法机关能否直接适用WTO协议规则来处理具体案件;WTO成员方的个人或法人能否在本国法院直接援引WTO协议规则主张诉权。二是对国务院对外缔结条约和协定的监督问题。WTO法律框架和规则的直接效力问题涉及到在国内的地位和效力问
China’s accession to the WTO is not only a political and economic issue, but it is even a question of the rule of law. Because the WTO’s set of legal and disciplinary frameworks in the field of international trade takes government behavior as the main content and the government management activity as the target of adjustment, it is inseparable from the operation of government power and is closely related to the development and improvement of administrative law . Shi Youqi on the WTO and China’s administrative rule of law in seven areas, conducted an analysis. First, on the constitutional system. There are two problems that WTO directly relates to China’s constitutional system: First, whether the administrative organs and judicial organs of the WTO member parties can directly apply the WTO agreement rules to handle specific cases; whether the individual or legal persons of the WTO member parties can, in their own courts Directly invoking WTO rules and regulations advocate the right of action. The second is the supervision of treaties and agreements concluded by the State Council with the outside world. The question of the direct validity of WTO legal frameworks and rules relates to the question of status and effectiveness in the country