Bonded Zone & Free Trade Zone--Also Countermeasures Of Law-Making

Research on countermeasures in law on Bonded Zone is one of the core and very practical subject of Chinese regional economic law. For various reasons, the study on this subject obviously lags behind reality of development of China's Bonded Zone at present. And this already directly restricts the further development of Bonded Zone.Through analyzing the related subjects (law-making and successful experiments) of World Customs Organization (WCO) and U.S.A., this article focuses on experimental research on countermeasures of law-making concerning the development of Bonded Zone with concern to the following aspects: the lack of special law on Boned Zone, the uncertainty of national administrative department carrying out commissioning on Bonded Zones and the proper nature &location of Bonded Zone.In the end, the general conclusions are drawn as:China's present bonded zone is a kind of special economic zone based on duty free business, a kind of free trade zone with distinct Chinese character and free trade zone is its goal. From the point of law-making, bonded zone should be defined as "a special economic area approved by the state council and managed as inside the political territory but outside the Customs territory . The key of rule of law in bonded zone lies in the making of the special law on bonded zone -"Bonded Zonelaw of the People's Republic of China". In the special law, the Customs General Administration or the Ministry of Commerce should be named as the department in charge of the administration of bonded zone. And the right of law-making should be divided properly between the central and local authorities. The law should be made ahead of time. At the same time, accepting the successful experience of international free trade zone, making sure that transition from China's bonded zone to free trade zone will be written in the special law. According to the the experience of special economic zone, the NPC may authorize the State Council & the local NPC/governments to make relevant laws concerning Bonded Zones.At last, all the above law-making should be supervised to ensure the consistency of the laws concerning Bonded Zones.