Research On Legal Issues Of Customs Clearance And Facilitation Of Goods In Guangdong,Hong Kong And Macao

Guangdong-Hong Kong-Marco Greater Bay Area is an important support for China's construction of a world-wide Bay Area to participate in international competition.Its speciality across the three jurisdictions has objectively caused the problem of “customs clearance”.Enhancing the level of customs clearance for Guangdong,Hong Kong and Macao,and creating a globally competitive business environment requires not only strengthening regional cooperation under the existing framework,but also urgently needing to coordinate and innovate goods to pass the rule of law.These rules of law encompasses three levels: the first layer is the regional legal system of Guangdong,Hong Kong and Macao,involving the Guangdong-Hong Kong-Macao administrative agreement,and the legal issues of Guangdong,Hong Kong and Macao customs cooperation.The second layer is the entire mainland legal system and its relationship with the legal system of Guangdong,Hong Kong and Macao.It involves administrative agreements,the legal system for customs clearance of goods and its relationship with the reform of customs clearance measures for Guangdong,Hong Kong and Macao.It is the contradiction of legal system coordination and innovation.The third level is the relationship between the domestic rule of law and the international rule of law,involving the coordination of Guangdong,Hong Kong and Macao administrative agreements,China's cargo customs clearance laws and TFA.There is important research value on legal issues of customs clearance facilitation in Guangdong,Hong Kong and Macao.Guangdong,Hong Kong and Macao are the most open and active regions in China's economy.The total economic output accounts for more than12% of the country's total.The port container throughput is about 4.5 times that of the world's three famous bays.The study on the facilitation of goods clearance has great practical significance.It is conducive to coordinating the relevant rule of law to promote the development of goods trade in the region,and deepen the "One Belt,One Road" strategy,and promote the construction of a large platform in the Greater Bay Area of Guangdong,Hong Kong and Macao.In theory,the inter-regional administrative agreement represented by the Framework Agreement is actively exploring higher-level and closer mechanism-based customs clearance facilitation cooperation and reform,and the special research on the legalissues of customs clearance of Guangdong,Hong Kong and Macao is still lacking.The current situation of practice leading theory requires systematic research on this subject,inheriting the research ideas in this field,further deepening and refining the legal development of Guangdong,Hong Kong and Macao,and improving the research level of the legal system of Guangdong,Hong Kong and Macao in order to provide forward-looking results in line with realistic development.Directional guidance.Taking the customs clearance of Guangdong,Hong Kong and Macao as the research object is the most important innovation point of this paper.The development of Guangdong,Hong Kong and Macao has entered a new era of holistic and systematic cooperation.From practice to theory,we should focus on avoiding fragmentation or incompleteness of the region.The current academic research results are mainly concentrated in the CEPA era,tend to weaken the special nature of Guangdong,and directly explore the legal issues of the entire mainland and Hong Kong and Macao cooperation;this is only partially intersected with the legal issues of customs clearance of Guangdong,Hong Kong and Macao,and there is a general lack of specificity and overallity.Starting from the integration of Guangdong,Hong Kong and Macao,this paper draws on the three rule of law,not only analyzes the particularity of Guangdong,Hong Kong and Macao,but also puts the region into the overall environment of the rule of law in the country.At the same time,it focuses on the domestic rule of law and international The relationship between economic and trade rules while inducting and summarizing the existing achievements of fragmentation,breaking the original thinking,and providing a global solution for the improvement of the relevant rule of law in China.The overall research idea of this paper is "introduction,theory,summary".Firstly,it briefly expounds the basic issues of customs clearance of Guangdong,Hong Kong and Macao,mainly introduces the origin of the problem and the research status,basic concepts and legal framework of the academic circle.Then this paper focuses on the four legal issues of the above three layers of the rule of law and analyzes and solves them one by one: First,it is the most basic and fundamentally resolved legal basis for the Guangdong-Hong Kong-Macao Close Economic and Trade Cooperation Administrative Agreement.This paper believes that although the Guangdong-Hong Kong-Macao cooperation has a sufficient legal basis,the weak legal basis of its cooperative form of administrative agreement constitutes the fundamental contradiction of the rule of law in this link,and the administrative law should be promulgated as soon as possible to clarify the legal status of the administrative agreement;Then continue toexplore the first level of the rule of law,Guangdong,Hong Kong and Macao customs cooperation,through empirical analysis,this paper believes that the current Guangdong,Hong Kong and Macao customs cooperation system fragmentation and imbalance of defects in the area of customs clearance facilitation,should be zero to build integration,Customs legal cooperation system with legal effect;Next,on the basis of solving the problem of the rule of law at the first level,the third level of rule of law,that is,the coordination between the Guangdong,Hong Kong and Macao agreement and the TFA,is discussed.This paper believes that although the two are not well coordinated,they can produce a benign rule of law interaction.It is recommended to carefully sort out the relationship between TFA and the Guangdong-Hong Kong-Macao agreement(including the national laws and regulations affecting Guangdong,Hong Kong and Macao)and give full play to the advantages of Guangdong,Hong Kong and Macao.Improve the rule of law in Guangdong,Hong Kong and Macao to comply with TFA;The final goal is the issue of the legal system of customs clearance of goods in China.This second level of rule of law is the intersection of the first and third levels of the rule of law and the concentration of contradictions.The legal issues involved in the previous article are concentrated in the problem of China's cargo customs clearance legal system.This paper believes that the current lack of the current customs clearance legal system is unfavorable for the customs clearance of Guangdong,Hong Kong and Macao.The legal hierarchy should be improved as a whole to optimize the customs clearance legal system,speed up the construction of service-based customs enforcement procedures,and improve the domestic rule of law to achieve its benign interaction with TFA.Finally,the paper summarizes the above research conclusions: The problem of customs clearance facilitation in Guangdong,Hong Kong and Macao is rooted in the contradiction between the economic integration of Guangdong,Hong Kong and Macao and the differentiation of customs clearance system.Under the background of "one country,two systems" and the construction of "Guangdong,Hong Kong,Macao and Dawan District",this group of contradictions will exist for a long time and become increasingly prominent.Inter-regional goods trade will inevitably face the problem of "customs clearance",economic factors cannot be completely freely flowing.We can only start with legal coordination and innovation,improve the level of customs clearance and convenience,and create a coordinated,transparent and predictable inter-regional trade environment.Specifically,the customs of Guangdong,Hong Kong and Macao are required to carry out close cooperation to form anefficient and coordinated customs legal cooperation system;to improvement overall of the customs clearance level of goods,speed up the construction of service-based customs enforcement procedures;give full play to the advantages of the Guangdong Free Trade Zone,coordinate the domestic rule of law and the international rule of law,and create an efficient and perfect domestic rule of law environment.