我国在入世承诺中选择司法机关和行政机关行使司法审查权,即行政复议和法院司法审查。但是我国承诺的是法院司法最终审查制度,即所有行政复议都不是终局性的,都要赋予当事人提请司法审查的机会。由法院承担司法审查职责是当今世界法治发展的主流,我国的承诺确认司法审查具有普遍性和终局性,采取了法治国家通行的司法终审模式,符合了当前法治发展中的司法审查主流。但是,当前由普通法院行政庭实施司法审查的方式,已不能满足发展了的形势需要,外贸救济的司法审查主体应该由专门的国际贸易法院实施。 China has chosen judicial organs and administrative organs to exercise its power of judicial review in promises of accession to the WTO, that is, administrative review and court judicial review. However, our country promises to be the final judicial review system of the courts, that is, all administrative reconsiderations are not final, and all parties should be given the opportunity to bring a judicial review. It is the mainstream of the rule of law development that the court undertakes judicial review in today’s world. Our country’s commitment confirms the universality and finality of judicial review, and adopts the final judicial review mode which is common to countries under the rule of law. It is consistent with the mainstream of judicial review in the current development of the rule of law. However, the current implementation of judicial review by the administrative tribunal of ordinary courts can no longer meet the needs of the situation that has been developed. The subject of judicial review of foreign trade remedy should be implemented by a special court of international trade.