Study On Legal Problem Of Administrative Legislation For China Customs Under WTO Rules

On December 11, 2001, our country formally joined WTO (World Trade Organization) and became its 143rd leaguer. Entry to WTO signifies our economics, politics as well culture activities have integrated into market economic globalization process in a much profound level. The direct appearance is that the development of our economic and foreign trade has been participated in the global competition and corporation, in parallel with the world economic activities. Under this superficial phenomenon, the rules that govern all economic activities must be in harmony with the principle rules of WTO. Our foreign trade activities must be implemented according to laws and regulations, which are concurrent to the legislation principles of WTO.Entry to WTO brings opportunities, as well as challenges. At current historical moment, the latter means much more. First, it is the challenge to our established legislative concepts, and the challenge to the methods to carry out the governmental functional behaviors. In recent years, our government has emphasized on the importance of ruling the country according to laws. China Customs has also advocated administrate according to laws with great efforts. Attention should be paid that the legislation is the foundation and starting point according to laws. If there is no legislation, there will be no excellent administration, even if no laws to be in accordance. Thus it will be difficult to prompt the advances that serve our market economic development and global competitions. While we emphasize on administration according to laws, we should also need to emphasize on legislation according to laws.China Customs, as the governmental agency which administrates and surveillances import and export activities, is not only execution body of all foreign-related administrative legislation, but also the mainadministrative legislative department. The priority task is to locate the differences from the principle rules of WTO, analyze the origin of the differences, revolutionize ideology and achieve the administrative legislation in an open, fair and transparent manner. Refining Customs administrative legislation is the requirement to the members of WTO, as well as our own requirement to develop economy in WTO principle rules.We should research and analyze Customs administrative legislation in a historical and practical manner. Since our country is an ancient country that has more than thousand years of feudal autocratic monarchy, and in transition from planned economy to market economy both in terms of economics reform and society reform now. The legislation construction has been lagged because of some historical reasons. This dissertation, based on administrative legislation categories and law theories, by researching on the derivation of legislation and theory fundamentals, legislation procedures and beneficiary tendency theories, illustrates the basic theory of Customs administrative legislation. From six levels of Customs administrative legislation, which include function boundary of Customs administration legislation, fundamental law, legislation, regulation, national treaty, and precept documentary, this dissertation demonstrates the basic framework of Customs administrative laws and the outline of our Customs administrative legislation in theory and formality ways.Further more, based on the research of the fundamental frame of WTO, this dissertation analyzes on the characteristic and requirement of WTO and governmental behavior, indirect applicant, and illustrates fundamental principles such as non-discrimination, transparency, equity trading, tariff reduction and market access principles, and then demonstrates the essential and core requirements by WTO fundamental principles for administrative legislations, that is legislation by laws,harmoniousness and consistence, open and transparence, rationalizing governmental behavior, restraining public authorities and equalizing benefit and responsibility. Based on the research of the cases and reveals of problems from the real situation, this dissertation compares our Customs administrative legislation to the core requirements of WTO legislation, analyzes intensely on Customs administrative legislation unsolved problems, such as the legislation is not completely harmonious and consistent, the legislation process is not open and transparent, the government has not shifted functions, not entirely reformed behavior and been lacked of service awareness, and neglected protection for appropriate human and laws rights.In the end, based on the actual reform of our Customs administrative legislation, this dissertation purposely expounds transition concept toward to a more harmony, transparency, service, and democracy legislations, and applies mechanisms such as open, public and supervision onto legislation principle, authorization system, harmony and operation, stricter legislation procedures, and establishes and perfects Customs administrative approval procedure, protect entirely on appropriate persons rights, refine administrative regulations, improve quality of legislators, and many other basic strategies for enhancing Customs administrate legislation.