(Summary)
The Regulations of the Supreme People's Court on Several Issues Concerning the Trial of International Trade Administrative Cases were issued by the Supreme People's Court on August 27, 2002 and came into force on October 1, 2002.
Under WTO rules China is required to provide procedures for prompt review of administrative actions in the areas of international trade in goods, international trade in services and intellectual property rights. It appears that the Regulations have been introduced to clarify China's procedures for review of such administrative actions.
If a natural person, legal person or other organization believes that specific administrative acts concerning international trade of an institution or organization of the People's Republic of China that has state administrative functions and powers or their staff have violated his or its lawful rights and interests, the natural person, legal person or other organization may commence administrative litigation in a people's court in accordance with the provisions of the Administrative Litigation Law and other relevant laws and regulations.
The Regulations stipulate the types of cases that will be considered "international trade administrative cases." They also provide rules on jurisdiction, examination of the legality of administrative acts, legislation that courts are to use and refer to when trying international trade administrative cases, selection of interpretations consistent with international treaties and national treatment.
