EU Customs Law Research Under The View Of EU Constitution

As the fundamental rule of maintaining social order,the Constitution shall establish a close link with social practice.Only targeted to solve the current reality problems and guided by the constitutional theory,which is derived from practice,then the construction of constitution could take the right path.Economic globalization is the outcome of productivity law.China has been trying to integrate into the global economic development and promote the construction of a global free-trade zone.Besides the global economy synergy,all the human beings in earth share the common benefit of society development,culture pursuit,safety needs etc.,which formed the human society' s corner stone.That is why The Communist Party of China(CPC for short)put up forward the concept of "community of shared destiny for mankind"at first time in 18th CPC National Congress,and also "establishing a community of shared destiny for mankind" is clearly written in The Amendment to the Constitution of 2018.The Report of 19th CPC National Congress stated,"Entirely planning to cope with traditional and non-traditional safety threat,boosting the convenience of trade as well as investment"and so on are the basic measures to "establishing a community of shared destiny for mankind".Customs Law,as a barrier to safeguarding the country and the bridge of connecting global and domestic market,will definitely plays an important role in the process.The European Customs Law has also contributed greatly to the integration of European Union,which is a new community in human history.Although there are essential differences between the EU and "community of shared destiny of mankind",it will contribute references by research on Customs Law.EU community's setting up started from tariff union and custom alliance.It promoted the free flow of productivity factors like goods,service,capital and employee etc.,which built the economic foundation of community and then expanded to political field.Until signing the Treaty of Lisbon,EU owns the community Constitution.In between it,The EU Constitution is well interacted with the Customs Law.On one hand,the integrated Customs Law pushed to build the economic foundation of community,it can be regarded as the specific and concrete content of the economic part of community Constitution.On the other hand,the community Constitution clearly stated the nature and function and governance of Customs Law.This article aims to discuss how to establishing "community of shared destiny for mankind",makes research on solving the contradiction of"supervision and service" the EU Customs Law fronted and sees how much Chinese laws could borrow from it.It is guided by Marxist Philosophy historical materialism and applied the comprehensive method of document analysis,normative analysis,political economic and economic analysis,comparative analysis,case study and so on.The general thought is"EU Constitution rules-----EU Customs Law rules".In chapter 1,we mainly discuss the interactive relationship between the EU Constitution and Customs Law based on the interaction law between the productivity and the production relations,the economic foundation and the super structure.From the historical perspective of economic integration to political integration,the integration of Customs Law is the economic legal basis for integration of Europe,and the constitution is the political guarantee for integration of customs law.From the perspective of normative law,the EU Constitution is the origin of legislation,enforcement and judicature of Customs Law.From the perspective of philosophically law,the essence of the contradiction of "supervision and service" the Customs Law fronted points to the nature and function and governance of itself,and we could solve it only within the framework of community Constitution.In Chapter 2,we mainly deal with the nature of the Customs Law between its economic attribute and administrative attribute.The EU Constitution defines the Customs Law as an economic law for building a common free market though allows member states to retain administrative powers to interfere economic integration.In line with this,the member states pass their tariff autonomy,revenue and expenditure and customs authority to the European Union while the Customs Law transform from its fiscal functions of tariff collection to economic functions of promoting liberalization and facilitation of trade,showing distinct characteristics of economic law.The economic attribute of the EU Customs Law is rooted in the goal of macro-management policy of every member states.It has the administrative functions of economic administration and security administration,presenting the basic attribute of administrative law.Under the theoretical support of the"economic constitution and economic administrative law" of the major continental countries,such as Germany and France,this paper believes that the EU Customs Law is the basic economic administrative law of the community.Based on the development of the open economy,the constitution of our country should give the customs powers clearly and restrict it.In Chapter 3,the main issue we need to solve is the Customs Law how to balances its functions between promoting facilitation of trade and guaranteeing border security.Along with the progress of globalization,the functions of the Customs Law has developed from trade filed to safety filed and expanded the scope of administrative supervision from guaranteeing trade security to border security beyond economic administration.The EU Constitution regulates the security functions of the Customs Law.The EU Customs Law has achieved a high degree of integration in the field of guaranteeing trade security,but the Customs Law of state members has greater autonomy in the field of guaranteeing border security.The above pattern essentially reflects the difficult process of the EU political integration.The constitution of our country should safeguard the overall security of the country and define the principles of the Customs Law of balancing border security and facilitation of trade.In Chapter 4,we focus on how to make balance between public power and citizen rights during customs administration.The EU Constitution prescribes the constitutional subject status and the capacity of citizen,and especially gives citizen the right to appeal for constitutional protection to protect their own interests.In accordance with this,the EU Customs Law introduces citizen to participate in legislation and law enforcement,and accepts the judicial review of the court.The Constitution and constitutional law of our country should widen the ways for citizen to participate in democracy,in order to guide the construction of partner-relationship between the government and enterprises in the Customs Law.The interaction mode between EU Constitution and Customs Law is the challenge to traditional constitutional theory.It shows the development trend of the concept of community constitution as well as offers rich contribution to establishing "community of shared destiny for mankind".