Analysis About The Theory Of Domination On Foreign Trade

With economic globalizing and legal integrating, domination on foreign trade is becoming a legal concept in domestic law and international law. The legal rules about domination on foreign trade are a very important part of law system in China. However the theory about domination on foreign trade is still in its childhood which does not suit for the request from real society. According to the theory of formation of law, domination on foreign trade has special form in its different developing process. There are a lot of theories rooting from its economic foundation, philosophy foundation and legal foundation. The formation process of domination on foreign trade is also the processes of all kinds of theoretical issues to continuous innovate, to practice and to choose. To analyze these theories and disputes is very helpful for us to understand objective environment which the domination on foreign trade is based on.The dissertation consists of three parts. Section 1 firstly defines the concept of the domination on foreign trade, secondly introduces its forms to apply and history. Section 2 discusses some theories in the field of economic institution, philosophical ideas and legal system. Section 3 put forwards that as a form of the sovereignty the domination on foreign trade has double character in the domestic law and international law. Substantial value should be integrated with formal value not only in the sovereignty principle of international law but also in the constitutionalism principle of domestic law. Section 4 focuses on some academic problems just as the relationship of domestic law and international law, the perfect of judicial review on administrative act, and so on. These problems are appearing in the law of Chinese and reflecting the complexity of the domination on foreign trade.