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China's WTO Commitment on Independent Judicial Review

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Abstract:

China's accession to the World Trade Organization thrusts formidable challenges on Chinese leadership to honor promises relating to the country's rule of law developments. The United States and the international community should seize this unprecedented opportunity by directing more resources toward such reform efforts.

Realistic goals include assisting China in restructuring the court system to be more independent of local governments and the CCP; advising on fiscal reform; exploring the possibility of a circuit appeal court or separate administrative court system; and assisting in drafting and, later, enforcing laws that would limit the power of CCP organs. These small steps could produce larger scale reform in China.