Providing opportunities for judicial review to the affected parties

The WTO requires all its members to provide opportunities for appealing, judicial review and reexamination. The opportunity for judicial review in the trade and investment field will help to improve the trade investment environment in China. China's Administrative Procedural Law has clear provisions on judicial review. Therefore, China has committed to fulfil the obligation of judicial reviews so long as it is not contradictory to the provisions in the Administrative Procedural Law.

China shall establish fair and independent judicial review tribunals to review all administrative actions relating to the implementation of laws, regulations, judicial decisions and administrative rulings of general application. So long as a case is not contradictory to China's Administrative Procedural Law, individuals or enterprises affected by administrative action shall have the right of appeal. If the initial right of appeal is to an administrative body, in all cases there shall be the opportunity to choose to appeal the decision to a judicial body.