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WTO法律制度中没有专门的证据规范,作为WTO争端解决机制核心与基础的《关于争端解决规则与程序的谅解》条文中也没有“证据”一词。实践中,经过多年运作,WTO争端解决机制逐步走向高度技术化,对证据的需求与日俱增,证据对争端解决过程与结果的影响能量进一步释放。WTO证据法的发展已具备一定的有利条件,构建WTO证据法理论体系具有重要意义。WTO证据法体系包括WTO证据法的法律渊源、WTO证据法的一般原则、WTO证据法的基础问题以及举证责任等方面。
There is no specific norms of evidence in the WTO legal system. There is no “proof” in the article “Understanding on Dispute Settlement Rules and Procedures” as the core and foundation of the WTO dispute settlement mechanism. In practice, after many years of operation, the WTO dispute settlement mechanism has gradually become highly technicalized, and the demand for evidence has been steadily increasing. Evidence on the dispute settlement process and the result has further energy release. The development of WTO evidence law already has some favorable conditions, and it is of great significance to establish the WTO evidence law theory system. The WTO evidence law system includes the legal sources of the WTO evidence law, the general principles of the WTO evidence law, the basic issues of the WTO evidence law, and the burden of proof.