非违约之诉的举证责任之探析

非违约之诉是GATT/WTO争端解决机制中一项极具争议的制度,在它确立以来的六十多年里,"克制主义"与"激进主义"的博弈从未停止,"利益平衡制度"和"无用或有害制度"的论争此起彼伏。考虑到我国"入世"未深,并且正处于经济转型时期,欠缺妥善处理涉及我国争端解决方面的相关经验。因此,准确把握非违约之诉的内在机理,分析非违约之诉的特殊举证规则,对于灵活地适用非违约之诉,实现我国国际贸易利益的最大化具有重要的理论和现实意义。

Analysis of Burden of Proof of Non - Violation Complaint

Non - Violation Complaint is one of the most debatable system of GATF/WTO dispute settlement mechanism and in more than sixty years since the system has been established, the debate between＂ Restraintism and＂ Radicalism＂ has never ceased, and the dispute over ＂ system of interests balance＂ and＂ system of useless or harmfulness＂ has risen one after another. Taking into account that our China has entered WTO time, and China is still in the period of economic transition, we are lack of experience of dealing wi just for a short th relevant dispute properly. Therefore, it has important theoretical and practical significance to apply the Non -Violation Com- plaints flexibly and to realize the biggest benefits from international trade for our country by grasping the inner - mechanism of Non - Violation Complaints exactly and analyzing the special rules of evidence of the Non - Violation Complaints reasonably .