On The Achievements And Weaknesses Of Rule Of Law In U.s. Foreign Trade

Since the rule of law principle was brought by European immigrants into North America and inherited and developed through the War of Independence, the Supremacy of the Constitution and the separation of powers have become the superincumbent law belief in America, which reflect in the coherence achievements of the rule of law in the field of foreign trade from legislation to law enforcement and then to the compliance with law. The U.S. foreign trade law system and practice directly affects the content and development of the global economy and trading system. It becomes considerably significant for the rule of law. As far as the legislative stage, the grant of US Foreign Trade Law legislative power has the constitutional foundation. The exercise program of legislative power has a clear legal basis. The legislation form is advanced and the content is complete. However, in order to maintain hegemonic status in the international community, restricted by domestic politics and interest groups in recent years, the United States Trade Laws are used as a political tool to implement unilateralism and the superiority of foreign trade legislation has been undermined. As for the enforcement of the law, the executive bodies of U.S. foreign trade assume very clear responsibilities and the division of power has mutual restraint. The bodies possess complete and proper enforcement procedures. All the advantages above make for the good operation of U.S. Foreign Trade Law. At the same time, because of the need for economic revitalization, there are loopholes in the law enforcement, such as abusements of discretion, absences of judicial review and the big differences between the qualities of the executive bodies. In terms of compliance stage, the law gives parties equal right of action and a variety of promotion system for compliance. These are important success of the rule of law in aspect of abiding law. But it also created problems like certain fuzzy rules, some hegemonic clauses, and the different legal rights and duties of the law-abiding, which violate the principle of fair and equality. Compared to advanced U.S. foreign trade regime, there are many shortages in our foreign trade law. We need to learn from American experience and try to improve the legislative system of foreign trade. We should strengthen the rule of law in foreign trade. It is urgent to cultivate social foundation of foreign trade law-abiding mechanism. We strive to achieve the order of rule of law in foreign trade area.