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5th, establishes and consummates our country instead to dump the lawsuit system.

(1), qualified lawsuit main body. Generally speaking, the plaintiff is refers instead dumps in the lawsuit "the formidable relational side". Although our country "Instead Dumps Rule" also has "the formidable relational side" the concept, but has not made actually to it is clear about the limits. The 19th stipulation looked from present "Rule" that, so-called "the formidable relational side" is as if only restricted in instead dumps the investigation object - to accuse dumps the product the exporter and its imports as well as is same or the similar product home industry, but not including other all quarters. The author thought that, "Formidable relational side" "the related organization" which presently the scope must include "Rule" 11th instead to dump the applicant which investigation document contains, because from the formidable relational angle inspection, instead dumps the case not only the critical time this product exporter, the importer and the domestic similar product industry benefit, moreover also with our country various industries department trade union, the trade union as well as the consumer closely is connected. But is not strong in the current our country's home industry and enterprise law consciousness, market itself still lacked the standard under the situation, opened up "the formidable relational side" as far as possible the scope then was more advantageous to the respect and the maintenance all quarters benefit, protected our country market. At the same time, in view of the fact that our country's profession organization's development does not have the certain scale, in order to better protects our country economy, we also may stipulate the country concerned department responsible for the work is authorized to raise the rebellion to dump the lawsuit.

(2), has jurisdiction over the court. Refers to our country "Administrative Procedural law" 14th, 17 as well as the related judicial interpretation, accepts instead dumps the court which the investigation case sues to have to be the Beijing intermediate people's court which defendant locus - Ministry of Foreign Trade and Economic Cooperation, the national Economic and Trade Committee organization is at. Similarly, was authorized to instead to dump the investigation document to carry on second trials naturally is the Beijing Higher People's Court. Our country "Instead Dumps Rule" to instead to dump the investigation document the jurisdiction court not to stipulate into a big disappointment, according to "Administrative Procedural law" stipulation this kind of jurisdiction also makes one question. Because instead dumps the investigation is the technical nature is strong, the specialization high requests, the procedure complex work, carries on the judicial examination to it also is an arduous duty, ordinary court processing possibly has in the time and the energy and even the ability difficulty; Moreover, place intermediate people's court and in on central ministries and commissions status, authority's actual contrast under current judicial system, also affects the domestic and foreign litigants to instead to dump the judicial examination unavoidably the independence, the fairness and the accurate confidence; Furthermore, possesses the concrete administrative action which makes to the State Council department to file the lawsuit all by Beijing's some intermediate people's court first trial, Beijing Higher People's Court second trials, then, these two levels of courts will be able to face the more and more serious burden, also will be able to affect unavoidably the judicial efficiency. Reflects this, it is necessary instead to dump in the legislation to found our country instead to dump the lawsuit system, including has jurisdiction over the court. The reference various countries experience and our country practice, compared with the ideal court jurisdiction pattern is: Supposes the special court - international trade court under the Supreme People's Court, accepts by this courtyard instead dumps the investigation document the first trial; The Supreme People's Court (establishment international trade courtyard) is responsible for second trials namely to trial in final. Like this establishes the merit lies in centralism specialized judge strongly to try the technical nature, big instead to dump the document (in fact, international trade court not only tries instead to dump investigation document, but also may try to touch on foreign affairs the trade other cases), even more manifests the efficiency and is fair.

(3), court document scope. Refers to the developed country and the developing nation related legislation practice with our country administrative law and the administrative procedural law specific stipulation, the author thought our country instead dumps the lawsuit the document scope to be possible to be following several items: Instead dumps the investigation application to make does not put on record the investigation decision; To dumps the final decision which makes with instead the dumping profit margin; To harms the final decision which makes with the harm degree; To whether levies instead dumps the tax to make finally rules and so on the related concrete administrative action. (8) At the same time, our country also should refer to the European country the procedure, does not allow to our country's legal rule to file the lawsuit, this is to our country legal sanctity and the national sovereignty maintenance.