China Entry-exit Inspection And Quarantine System

The entry-exit inspection and quarantine legal system is the important part of the economy legal system concerning foreign affairs. In acceding to the WTO, the inspection and quarantine measures become more and more important in adjusting foreign trade in our country. This is the universal culture pattern in the members of the WTO. The multilateral trade negotiations of the GATT and the WTO reduce customs duties, and put a break on customs duties adjusting foreign trade. The inspection and quarantine measures have become the new way for trade protectionism. Although the TBT and the SPS Agreements restrictive on technical barriers measures and sanitary and phytosanitary measures(the inspection and quarantine measures), being high technical and disguised and mandatory, it become the fastest and the most effective and the cheapest trade barriers. Having technical superiority, the developed countries frequently use the inspection and quarantine measures in adjusting foreign trade.The entry-exit inspection and quarantine laws and regulations in our country start latter. These are formed a tentative legal system in the 1980s. Because the restructuring of government administration ,the administrative aspects of government department have been changed more. The most of our entry-exit inspection and quarantine laws and regulations are not revised after operating nearly twenty years. Many parts of the laws and regulations don't accord with facts and the regulations of the WTO, and have cross conflict with relevant laws and regulations. The measures provided by laws and regulations isn't enough to the actual needs. So the inspection and quarantine laws and regulations should be revised promptly.This article introduced the entry-exit inspection and quarantine laws and regulations in operation in our country, analyzed the connection between the relevant laws and regulations with it. This article not only introduced the relevant principles and Agreements of the WTO but also compared it to the entry-exit inspection and quarantine legal system in our country. At the same time, author produced acountermeasure recommendation to perfect the entry-exit inspection and quarantine legal system in our country. The first is to strengthen works about legislation ,and legislation proceed in a planned way. The entry-exit inspection and quarantine laws and regulations must be coordinated with the relevant laws and regulations , connected with the regulations of the WTO and international treaties. We should check up the technical regulations in accordance with the TBT Agreement, and make a new plan for enacting the technical regulation system. The workings for enacting technical regulations must be sought unity of management. The standard can be given full scope to perfect the technical regulations. The second is that the setup must be sought unity of management by central authorities. The local setup must be established reasonably. The new function undertaken by the entry-exit inspection and quarantine administration should be defined by laws. The third is to strengthen train for law enforcement official, and make the transition from the old conception to the new. We should be strict with enforcing administrative mandatory measures and administrative penalty according to law. We also should eliminate to diminish responsibility of a person who breaks the law without authority, and to abuse or disuse administrative penalty. It must be established the cooperation system between the inspection and entry-exit quarantine administration and other inspection offices at the port or the relevant administrations, and heightened the coordination in unite law enforcement and the accuracy in using the relevant policy. We should establish the electric law enforcement system, and heighten efficiency on law enforcement.In a word. It is a pressing need about foreign trade in our country after being aMember of the WTO, that the entry-exit inspection and quarantine legal system must be perfected. We should take many measures at legislation and setup establishment and law enforcement to achieve the end. It will be realized that the entry-exit inspection and quarantine legal system becomes coordination and unity in our country, and it coordinated with the regulations of the WTO .So the inspection and quarantine measures can adjust foreign trade effectively.