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New Role for Courts in International Trade
Supervision powers of China's courts are being extended to cover administrative cases involving international trade in a bid to better protect the rights of locals and foreign litigants.

Any person or group suspecting a violation of their rights by government departments -- in regard to international trade -- is entitled to bring them before the court, according to a landmark regulation released by the Supreme People's Court Thursday.

The regulation is scheduled to take effect on October 1.

Li Guoguang, vice-president of the Supreme People's Court, said the regulation will play an important role to help Chinese courts fairly and effectively handle administrative cases involving international trade as China is now part of the World Trade Organization (WTO).

According to the regulation, courts are authorized to judge administrative cases related to international goods and services and those involving international intelligence property rights.

Li said Chinese laws and government regulations about international trade will guide the courts during the cases.

"We will keep our domestic laws and regulations consistent with WTO rules," Li said.

Local courts will give priority to WTO rules when handling civil cases involving foreigners if it differs to Chinese law.

Li stressed that it is imperative for judges to strictly abide by the laws and for judges to treat all before them fairly.

Cases should be handled by applying related laws, regulations and judicial interpretations and any external interference must be weeded out.

Li predicted many new types of cases will appear as the number of foreign litigants increases.

Cases in the banking, insurance, securities, financing and leasing sectors are also likely to emerge.

Li forecast an increase in bankruptcy cases, labor disputes and rows related to trademarks, patents, product dumping and subsidies.

He said the regulation will assist Chinese courts to supervise the conduct of governmental organizations involved in international trade administration.

Chinese courts have extended their administrative supervision sphere in line with the country's reform and its opening up in recent years.

(China Daily August 30, 2002)

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