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随着我国加入WTO,我国将面临着WTO规则将如何在我国国内适用的重要问题,特别是WTO规则在我国行政诉讼中应如何适用,是我国亟待解决的重大法律问题。根据国际法的基本理论,国际条约在国内适用主要有转化和纳入两种方式,二者各有利弊。然而,根据行政诉讼法的法律性质以及我国的实际情况,参照WTO其他成员方的做法,我国行政诉讼中宜以转化方式为主、纳入方式为辅间接适用WTO规则。
With China’s accession to the WTO, China will face an important question on how WTO rules will be applied domestically in China. In particular, how WTO rules should be applied in administrative litigation in our country is a major legal issue to be solved urgently in our country. According to the basic theory of international law, there are two main ways in which international treaties are transformed and incorporated into the country. Each has its own advantages and disadvantages. However, according to the legal nature of the Administrative Procedure Law and the actual situation in our country, with reference to the practice of other WTO members, it is appropriate to adopt the transformation method in administrative litigation in our country.