Legal Protection Of Border Trade

China adjoins15countries on the land border, which has the most neighboring countries in the world. Compared with Mongolia and Russia to the north, both are seriously different in the natural resources, labor, capital and other elements, so they has obvious complementary effect in the industry structure. The Inner Mongolia Autonomous Region stretches across Western North, Hua North and Eastern North and adjoins Mongolia and Russia. It lies at the intermediate zone, beyond which bilateral industry structure are different. The Inner Mongolia Autonomous Region can use the advantage position which links the north and south, the east and west. Vigorously promoting the development of border trade can make full use of "two resources, two markets" and the comparative advantage of talent and technology, to form a complementary development trend with the neighboring countries, and to promote trade and investment facilitation and the free flow of advantage resource, labor force, capital and technology in the end. Developing the frontier trade in Inner Mongolia fast, will certainly accelerate the reasonable transfer of the industrial economy, create the new growth pole of regional economy, improve the economic level in the region, promote the prosperity and development of the west areas, raises economy status of our country in the northeast inferior, promote the implementation of domestic open strategic of frontier, promote the overall opening structure formation around the country. Promoting the border trade is related to the development of economy and society, which makes use of geopolitical pattern, and considers about ethnic factors. It has important political, economic and social significance. Based on the Inner Mongolia frontier trade, this paper analyzed the frontier trade in Inner Mongolia from the legal angle. The full text is divided into five parts. The first chapter is about the general development of frontier trade in the Inner Mongolia. Firstly this paper briefly introduced the hardware environment of frontier trade in Inner Mongolia, including trade ports to Russia and Mongolian; border flags and border trade regulators in the Inner Mongolia. Secondly, the paper summarized the evolution of border trade policy from1949to2009in the Inner Mongolia. Recognizing the particularity of policy and legal about the border trade helps to make local laws and policies. Finally, the paper analyzed the development situation of Inner Mongolia frontier trade from2005to2009; pointed out the necessity and feasibility to speed up the frontier trade in the Inner Mongolia; and analyzed the predicament and reason of the frontier trade development in the Inner Mongolia, which provided the foundational for putting forward legal safeguards.The second chapter is the research about the implementation of frontier trade law in the Inner Mongolia. In accordance with the procedures, the division of management and operation mode, border trade can be divided into trade settlement, inspection and quarantine, import and export taxes, state financial support, export processing and the integration of trade and processing etc. This chapter discussed the links of border trade respectively. The first is the financial legal system of frontier trade in Inner Mongolia. This paper analyzed the difficulty and problem of local currency settlement of the Sino-Russian border trade, putted forward the law and policy suggestions to promote the currency settlement between china and Russian. In order to promote border trade and small and medium-sized enterprises of border trade, the paper discussed the legal and policy issues of financial service system on the border trade. Secondly, the paper discussed the inspection and quarantine law about the Inner Mongolia frontier trade. This paper points out the particularity of cargo and personnel import in the border trade, analyzed the inspection and quarantine problems of border trade, and proposed some legal measures to ensure the healthy development of border trade. The final part is about the finance and tax legal system of Inner Mongolia frontier trade. This paper advocated innovation of financial management system to support the development of border trade. Specific recommendations include:building synchronous growth mechanism bases on export tax refund in accordance with the growth rate of export tax rebate; implementing special transfer payment policy of border trade and border trade enterprises; promoting and perfecting export tax rebates in the RMB clearing mechanism for border trade; simplifying foreign exchange verification procedures of border trade.The third chapter is the research about the legal operation of special district under customs supervision of Inner Mongolia frontier trade. To strength the border trade, we must expand its pattern and deepen the channel by transformation and upgrading of export processing, and the integration of trade and industry. In the first section the paper analyzed necessity and feasibility of the establishment of Manchuria comprehensive bonded zone, and puts forward conception of operation of law in the comprehensive bonded zone in the frontier trade, including the construction, operation management and supporting measures, to support the border trade development. In the second section the paper analyzed legal mechanism of the border trade zone for citizens on the border, pointed out existing problems of the border trade for citizens on the border, and puts forward the related legal advice and policy measures.The fourth chapter is about justice of the Inner Mongolia frontier trade. It is an important problem how to resolve the inevitable disputes in border trade efficiently and properly. First of all, the article pointed out the cause for disputes of Inner Mongolia frontier trade and characteristics and difficulties of dispute settlement, and enumerates and analyzes ways of settling the present disputes of border trade. Then, the article puts forward the ways to solve legal countermeasures of Sino-Russia and Sino-Mongolian disputes about border trade:improving and perfecting the settlement mechanism of Sino-Russia and Sino-Mongolian, strengthening negotiations with Russian government to solve gray customs clearance problems of Russian effectively; strengthening the legal system propaganda to enhance to legal awareness of risk prevention of border trade business.The last discussion is about perception and thinking of border trade management regulations proposed by some Chinese scholars to develop border trade. This paper does not agree with some scholars. I think it is not necessary to formulate unified border trade regulations by the State Council. But Inner Mongolia should exercise the autonomous rights of economic management, to formulate or to help to formulate more specific and flexible policy of border trade. This approach is feasible and necessary.