On The Change Of The Legal System Of China's Foreign Trade Balance Of Trade Strategy

Chinese foreign trade has been developing rapidly since joiningWTO. Though China is in unfavorable balance of trade in trade ofservice and technique, the total amount of foreign trade still appears ahuge sum of favorable balance of trade due to a great deal of goodsexports. This article tries to find out the legal reason for tradeunbalance of China from the perspective of the Chinese existingforeign trade law system. Through the analysis on the "unbalancedefects" of the existing foreign trade law system, the article proposessuggestions of reforming the existing foreign trade law. This articledivides into following four parts.The first part discusses about the present state of Chinese foreigntrade from the aspects of trade in goods, service and technique. Itconcludes that China is on trade-unbalance. After that, the articleanalyses the advantages and disadvantages of trade-unbalancedialectically. The huge sum of favorable balance of trade brings Chinawith a lot of foreign exchange storage, and it will increase theinternational purchasing power of our country and help Chineseinvestors to take entrance to the international investment market,meanwhile, it also brings some severe problems, such like worseningtrade frictions, bringing some difficulty in macroeconomic control, andit will also bring out the "pay-tribute economy". China would have tobear the pain of "immiserizing growth" after getting the favorablebalance of trade by exporting native material wealth.The second part analyses the reasons of trade-unbalance of Chinafrom the perspective of outside and inside. The reasons of thetrade-unbalance of China are lying in both existing unfair internationaleconomic order and other countries' strategic system. And the articleemphasizes on the reasons of our own country, especially the reasonsof our foreign trade law system that is deeply contacted with thepresent trade-unbalance. The article discusses the "unbalance defects" of our foreign trade law system from the aspects of origin anddevelopment of Chinese foreign trade law, the principles of legislationand the specific arrangement.The third part is about the strategy of trade balance and theprinciple of Chinese foreign trade law. The article discusses on thetheoretical basis and the great importance of the trade-balance strategy,and it proves the necessity to build the principle of "trade-balance" forour foreign trade law system. Wholly speaking, we need to take"trade-balance" to be the goal of our foreign trade law, while theconcrete arrangement could differ from trade in goods, service andtechnique.The final part is the most important one of this article. On theanalysis of the defects of foreign trade law and the reconstruction ofthe basic principle of that law, this part discusses the reformation ofChinese foreign trade law in detail from three aspects. Firstly, from theperspective of the principles of legislation, "trade-balance" is to be thebasic foundation of the new Chinese foreign trade law. Secondly, fromthe perspective of the foundation of principles of foreign trade law, thearticle emphasizes on the principle of trade-balance. Thirdly, from theperspective of reconstruction of the concrete arrangement, the articledemonstrates in three different sides, constructing the balance ofimports and exports, refining the provisions of foreign trade law, andperfecting the mechanism of trade regulation and control. The greatgoal of this article is that the trade-balance in practice could bepromoted to achieve by the way of reforming and reconstructing ourtrade foreign law system.