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On The Perfection Of The Legislation Of Customs Administration In The Accession To The Wto

Posted on:2004-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:R Y SunFull Text:PDF
GTID:2206360092487362Subject:Law
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On December 11, 2001, our country formally joined WTO (World Trade Organization) and became its 143rd member. 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. Behind this superficial phenomenon, are that 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 later means much more. First, it is the challenge to our established legislative concepts, the challenge to realization methods of governmental functional behaviors. In recent years, our government has emphasized on the importance of "ruling the country according to laws". China Customss has also advocated "administrate according to laws" with great efforts. Attention should be paid that the "legislation" is the foundation and starting point of "accordingto laws". If there is no legislation, there will be no laws to be in accordance with, not to say excellent administration. 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 Customss, as the governmental agency that administrating and surveillance import and export activities, not only is execution body of all foreign-related administrative legislation, but also is the main administrative 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. Refine Customss administrative legislation is the WTO requirements to its members, as well as the requirement to our own enhancement using WTO principle rules. We should research and analysis 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 now is at in transition from planned economy to market economy, both interms of economics reform and society reform, the legislation construction has been lagged behind because of some historical reasons. This dissertation, bases within 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 Customss administrative legislation; from six levels of Customss administrative legislation, that include function boundary of Customss 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, this dissertation bases on the research of the fundamental frame of WTO, and analyzes on the characteristic and requirement of WTO and governmental behavior, indirect applicant, etc.; illustrates fundamental principles such as non discrimination, transparency, and equity trading, tariff reduction and market access principles; demonstrates the essential and core requirements by WTO fundamental principles for administrative legislations, that is legislation by laws,harmonious and consistent, open and transparent, rationalizing governmental behavior, restrain public authorities and equalize benefit and responsibility. This disserta...
Keywords/Search Tags:WTO rules, Customs, Adiministrative Legislation, Impact
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