On The Construction Of The Legal System Of China's Industrial Safety

Industry Security is an important component of national security, especially thesecurity for state economy. With the development of international economy andexternal factors, such as abnormal situation during import and export of products,technology and service, industry security is an increasingly urgent issue that theinternational community shall face and deal with. Therefore, with the background ofeconomic globalization, it is all-important and actually significant to construct theIndustry Security Law of the People's Republic of China which is recapitulative andcomprehensive, and the law may be taken as a security system and arrangement tomaintain economic sovereignty of China and industry security, and achievemaximization of national interest with the use and creative use of rules ofinternational law to develop and protect the country during Chinese Reform andOpening Up.The paper is to creatively put forward analytical method named as "threedimensional equidistribution" made up of different industries, different spaces anddifferent legal inducements in a single temporal dimension, which provides an apractical and normal formula for the study of industry security. Base on whatmentioned above, the paper reviews the theories, legal system and evolution ofinternational industry security with USA as its representative, and summarizes the lawand practice of industry security of China since Ming and Ching dynasty.Firstly the paper defines that industry security is one sort of property rights,which has all the properties of common law. In this case, complicated issues ofindustry security become into discuss subject, existence, injury and remedy of rightsand interests and supervisory cost of industry security. From the standpoint, there arethe connections between issues of industry security and institutional economy, and thestudy for legal theory of industry security achieves a breakthrough by usingbargaining theory. The paper puts forward that industry security has externalperformance, precautions cost of industry injury is gaugeable, and the best protectionsystem exists. Then general conclusions come from the best bargaining principle.Based on what mentioned above, the paper develops the useful parts and discards theuseless parts about tradition theory of industry security with the analysis of politics,economics, legal economics, and creatively puts forward new conception and legaltheoretical principle of industry security with the background of economicglobalization.In the meantime, the study takes four months to start a countrywide sociologysurvey for the construction of legal system of industry security. The purpose of thesurvey is to construct legal system of industry security with Chinese characteristics,and put forward workable countermeasures to ensure its full implementation.According to the analysis of the survey, and based on the current situation ofinternational competition strength of Chinese Industry, and the experience oflegislation of USA industry security, the paper gives evidences of legislative objective,legislative goal, object of regulation and content, fundamental principle, frameworkand style of the Industry Security Law of China through demonstration. Moreover, thepaper gives scientific answers to legislative pattern, legislative approach, lawenforcement agency through the survey and provides basic information forgovernment agency, legislators, scholars and the persons who are concerned aboutindustry security to have further study. The survey is the first countrywide legalsociology survey for legislation in international economic field since Chinese Reformand Opening Up.Considering the study is recapitulative, principal, systematic and there is long wayto the accomplishment of the Industry Security Law of China, the paper uses themethod to solve issues one by one, and firstly analyzes national industry securitycensor for M&A with foreign capital, remedy system of service trade, protectionsystem of border intellectual property rights, investigation system of internationalcompetition strength of industry, precaution system of industry injury in depth, andhope to understand what legislation shall focus on carefully and thoroughly throughanatomy mode to lay a favorable foundation for formal start of legislation.At last, the paper first puts forward the suggestion draft for the legislativestructure of "The Industry Security Law of the People's Republic of China" in China,and related suggestions of legislation.The essential conclusion of the paper is as follows:1. It is urgent in current situation in China to construct a comprehensive law withthe characteristics of unification, system, preconsciousness, maneuverability throughcollect legal system concerning industry security which are dispersed in Law ofForeign Trade of the People's Republic of China and other laws and regulations. Thatis, to construct the Industry Security Law of the People's Republic of China which isrecapitulative and comprehensive.2. Theoretical principles of legal system for industry security are the theory ofnational economic sovereignty, the theory of strategic trade policy, and the bestbargaining principle. The legally essential principle is the theory of national economicsovereignty and the best bargaining principle.The legal origin also includes exception of WTO. Its fundamental principleincludes the principle of nation economic sovereignty, the principle of the bestbargaining, the principle of relative national treatment, the principle of rebus sicstandibus, the principle of cost effectiveness, the principle of contingency, theprinciple of exhausting remedy, and transparency principle.3. Legislative objective of the Industry Security Law of China shall emphasize onpromoting international competition strength of industry in China and the moderateprotection for industry security.4. Objects of regulation of the Industry Security Law of China shall at leastinclude abnormal situation during import and export of products, M&A with foreigncapital, border intellectual property rights, international economic accordance, globalpublic policy, global strategic resources. In order to give prominence to the currentdistinguishing feature of the industry security, its object of regulation may not includelaws about macroeconomic control and promotion of industry competition strengthtemporarily.5. In order to unify law enforcement agency and form composite force, the papermakes suggestions that setting up specialized agency directly under State Councilnamed as National Economic Security Commission, which is the law-executor of theIndustry Security Law of China...