The most important impact of China's entry into the World Trade Organization (WTO) on the nation's construction of legal system is that it has promoted and accelerated the formation of the idea of rule by law, said Qiao Xiaoyang, vice secretary-general of the Standing Committee of the National People's Congress (NPC) and deputy director of the NPC Law Committee in an interview with Legal Daily.

Qiao said, the impacts of China's WTO membership on the nation's legislation and legal system construction can be seen mainly in four aspects.

First, joining the WTO sped up the legislation of related laws.

Second, WTO membership helped us pay more attention to the principles of unification of legal system, openness and transparency, and non-discrimination.

Third, joining the WTO promoted the reform and perfection of China's judicial system. WTO rules raised new requirements on judicial activities. The legal applicability in judicial departments should be unified; the system of open trial should be further improved; judicial departments must keep their neutrality in judicial activities; parties from public economy and non-public economy should be treated equally and national and foreign parties should be treated equally.

Fourth, joining the WTO improved the environment of legal system and investment.

The significance of joining the WTO is ultimately embodied in the promotion of the changes of conception and the perfection of system. It can be said that the most important impact of China's WTO entry is that it further promoted and sped up the formation of the idea of rule by law and it established more firmly the idea of governing by law, act by law and just jurisdiction thus promoted the construction of the socialist democratic legal system and perfected the socialist market economy system, making it feature Chinese characteristics and accord with international norms.

Qiao pointed out that China did a good job in observing its WTO commitments in its legislation work over the three-odd years.

First, besides the nearly ten related laws revised before the entry, China made amendments to some laws directly concerning foreign trade, for example, Foreign Trade Law and Law on Import and Export Commodity Inspection.

Second, according to the needs under the new situation after the WTO entry and the internationally-practiced monitoring rules, China formulated Law on Securities Investment Funds, Law on Banking Regulatory Management and revised Law on the People��s Bank of China and Commercial Bank Law to build up a more sound legal system in the financial sector.

Third, China quickened its pace in making and revising civil law, commercial law and economic law, formulated the law on electronic signature, discussed the draft of the law on property right; the revision of company law and securities law is also underway.

Fourth, China regularized and reduced administrative licensing, formulated the Law on Administrative Licensing and revised the regulations concerning administrative licensing in nine laws including the law on negotiable instrument. In addition, China also formulated laws such as that on government procurement.

On the other hand, the State Council drew up the Regulations on the Origin of Import and Export Commodities, the Regulations Governing Customs Protection of Intellectual Property Right etc., revised a batch of administrative laws and regulations such as the Regulations of Anti-Dumping. Local people's congresses with legislation right also continued clearing and revising a few local laws and regulations.

Qiao stressed, in the next step, great efforts should be exerted in the formulation and revision of a few important laws to better meet the needs of the WTO membership in terms of the legal system. The Standing Committee of the Tenth National People��s Congress also made a five-year plan in this respect.

First, based on related administrative laws and regulations, formulate the law on anti-monopoly, law of anti-dumping and the law of anti-subsidies.

Second, step up studying and formulating income law applicable to both national-funded and foreign funded enterprises.

Third, study and formulate in proper time rules of application of law concerning foreign civil relations, law on safeguard measures, law on state-owned assets, law on foreign exchanges and law on futures etc.

Fourth, revise the Law on Partnership Enterprises, the Audit Law and the Arbitration Law etc. The formulation and revision of those laws will make China's legal system more compatible with WTO rules.

By People's Daily Online