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WTO Rules to Take Precedence over Chinese Laws: SPC
After China's accession to the World Trade Organization (WTO), rules of the policymaking body for international trade will take precedence over Chinese domestic laws for Chinese courts when handling civil cases involving foreign litigants, senior judge Li Guoguang said Sunday.
"If WTO rules are not consistent with Chinese domestic laws, WTO rules have the priority," said Li, vice-president of the Supreme People's Court at a national meeting on civil trials. "And if a Chinese law is in consistence with WTO rules, the Chinese law will be applied."
He said when dealing with cases related to foreign parties, Chinese courts should exercise its judicial jurisdiction in line with Chinese laws and international or bilateral treaties China has ratified. Foreign-funded enterprises, registered in China, should be treated as Chinese legal entities and Chinese laws shall be applied when handling their cases.
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