Research On Legal Issues Of China's Foreign Trade Operation Rights "Record Registration System"

The new Foreign Trade Law of the People's Republic of China which entered into force as of July 1, 2004 established the foreign trade operator record registration system for who engaged in import and export of goods and technology, which substitute the long-term foreign trade operation right examination and approval system for foreign trade operators, and for the first time individuals have been regarded as subject of foreign trade activities. The opening of the foreign trade operation right is not only the internal needs for China's economic development and adapting economic globalization, but also the external pressure of Protocol on the Accession of the People's Republic of China and Report of the Working Party on the Accession of China. Because on the basis of commitments, China should abolish the license examination and approval system for foreign trade operation right within 3 years after entering WTO, and open up the foreign trade operation right for the trade in goods and technology.However, in the field of import and export of goods and technology, foreign trade operation right has gone from state monopoly to strict examination and approval permit, and then to transition process of gradually registration by industry, but really fully open will inevitably produce some negative effects because of diversified foreign trade operators and the supporting mechanisms and response measures have yet to be improved. Actually, the situation such as foreign trade operators provide registration with false information, registration is not changed in pace with changed information, foreign trade operation right is vacant, and disorderly competition have already exist, which brought great distress to foreign trade order and foreign trade management.As to those negative effects, combining with pragmatic and mainly in documents research and empirical analysis method, this article gives a detailed dissertation in the following four sections.Section one dissert some basic problems exist in foreign trade operation right, including foreign trade operation right's concept definition, foreign trade operation right characteristic analysis, and the presentation of the advancing of China's foreign trade operation right system----state monopoly, examination and approval, registration, etc.Section two introduces the main contents of existing laws and regulations on foreign trade operation right. First, China's WTO obligations on foreign trade operation right; second, the main stipulation about foreign trade operation right in Foreign Trade Law of the People's Republic of China; third, the existing legal system of China's foreign trade operation right regulation.Section three analyzes the legal regulation of foreign trade operation registration system and offers the legal problem. First, introduces the main contents about registration in Record Filing and Registration of Foreign Trade Operators Procedures, and then empirically analyzes the negative effects on the three aspects of supervision, management and foreign trade order for the registration system.Section four offers legal measures for legal problems, including five kinds of main measures: foreign trade legal system construction, information system construction, business intermediary organization construction, credit system construction, and media system construction. These measures come from practice and should have operability.