Esearch On Legal Problems Of Export Control

Recently, scholars always dispute the reason and motivation about export control, and they also discuss how to establish and apply the export control system. Our country must control export:Firstly, export control is essential from traditional economics aspect; secondly, export control is measure and method to protect national benefit from political aspect; thirdly, export control can uphold the economic dominance from economic law aspect. There are conflicts between national safe and trade profit. Meanwhile, because of the close relationship of national safe and trade, trade profit have an impact on national safe and then government will adopt vary strategy to balance the conflicts. Under globalization background, establishing the export control system is becoming more and more important:consolidate the control of warlike and stratagem products and technique export; loose the control of civilian products and technique export.Safety is very important for every nation, so those countries have internal needs about safety through multi-national co-operation. There are many treaties to regulate export about sensitive products and technique such as Treaty on the Non-Proliferation of Nuclear Weapons, Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction and Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, which have some limitations about technique export. International society form multilateral informal regime for export control make up insufficiency of those treaties. Because diversity and contradiction of different countries, the multilateral informal regime for export control has shortage:it is not bound enough; regulation is obscure; the aim cannot be finished. We should reform multilateral informal regime for export control. In addition, every country's trade control includes export control, the member of WTO subject to regulations of WTO. Regional regulations are the feather of EU's regulations. EU has set up a Community regime for the control of exports of dual-use items and technology.Nowadays, sovereign state is the main body to control export, but many countries refuse to enter into international treaties because of state's potestas. Many states take advantage of diversity of export control and profit to protect them. So we cannot meet the demand depend on respective country. We should establish international organizations to control export, but international organizations also have many shortages, such as democratic lacks. Those factors above embarrass the functions of international organizations. In all, we have to rely on individual corporate to regulate export control system. We not only encourage individual corporate engage in internal and external export control system's establishment, but also ask individual corporate strengthen self-discipline.Though different country has different regulatory setup body, every country apply export control measures though multi-government bodies. Many country's control provisions include export tollage, lowest price measures, export quota measure and export license. Each state adopts listing control about range application, for instance, Japanese unique mode and American multi-mode.However, many states adopt "catch all" principle to resolve export control problem beyond listing control. The biggest problem of China is that there are conflicts between foreign trade law of PRC and GATT. We should amend to avoid those conflicts.The legislation defines the legal punishment for the violation of export control system, which will assume administration liability and criminal liability. Every country's regulatory body always apply warning, fine and sequestrate income and property, temporary or permanent withdraw license to punish the violation according to different degree. Every country always prosecute the criminal liability though fine or imprisonment. The administration law problem of China is that the amount is different, the application range is inconsistency in allusion to the same kind violation and the extent of burden is too light. China should strengthen the extent of burden and adopt measure to harmonize vary administration rules. Meanwhile, the criminal law problem of China is that the framework is confused, there are conflicts between vary criminal provisions and criminal liability is not consummate. We should renewedly radicate contraband's type, increase the punishment and enhance the penalty type. We should also improve the kind and punishment of betray national secret according to different subject and different intention.