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反补贴司法审查制度是世界贸易组织《补贴与反补贴措施协定》(简称SCMA)确立的重要贸易救济机制,以督促各成员方反补贴行政机构依法行政,确保反补贴协定的国内遵守和保护相对人的合法权益。通过对SCMA中司法审查制度的研究,并借鉴美国、欧盟的反补贴司法审查立法和实践,拟提出完善我国反补贴司法审查制度的若干建议。
The anti-subsidy judicial review system is an important trade remedy mechanism established by the WTO Agreement on Subsidies and Countervailing Measures (SCMA) to urge the countervailing administrative agencies of member countries to administer their affairs in accordance with the law and to ensure the relative compliance and protection of anti-subsidy agreements The legitimate rights and interests of people. Through the study of the judicial review system in SCMA and drawing lessons from the legislation and practice of the USA and EU in countervailing judicial review, it is proposed to put forward some suggestions to improve the judicial review system of countervailing in China.