Global Trade Security And Facilitation Of Legal Issues

20 Facing the new situation of global trade security and facilitation,the World Customs Organization(WCO) drew a "Global Trade Security and Facilitation Standards Framework"(hereinafter referred to as the "Standards Framework"), which is based on the achievements of some member customs and the current methods.As the minimum standards the WCO members must reach, "Standards Framework" includes two main pillars,four core elements,and 17 technical standards and requirements.New meaning is given to the cooperation among international Customs,as well as the partnership between customs and enterprise by the technical standards and requirements,such as: declare in advance,data exchange,the reunification of the risk assessment rules,mutual recognition of the monitoring results,AEO."Standards Framework" is the achievement of global governance mode for trade security and facilitation.It is the important reform of the World Customs system.In the process of world economy globalization,there are different opinions in the theories area on how to understand and respond to the realities and trends of globalization,build a suitable legal order.The consenters think global governance has become necessary due to the appearing of globalization problem and the strengthening of interdependence relation among countries;the objectors think global governance is powers' cruel governance to the others,it doesn't change essence of international politics."Standard Framework" undoubtedly has great practical significance to strengthen the customs self-construction,promote international cooperation, safeguard the chain of international trade security,simplify customs procedures,and facilitate legitimate trade.However,we should be soberly aware that the "Standard framework" has real negative impact on national and customs sovereignty,in the name of global governance.There is the first pilot projects of "Standards Framework" in China,which put forward to deal with China's global trade security and facilitation issues: First,we should solve rule conflicts caused by customs global governance based on the supremacy of national interests,and the balance of internationals interests;under this principle guide,the customs improve construction of customs legal system as an important aspect of strengthening the customs self-construction.Second,as a power ranked No.3 of the year's total foreign trade volume,we should carefully study the specific methods on the trade security and facilitation of Developed countries,international organizations, prepare for future international organizations negotiation.Third,"Standard framework" is not only related to the implementation of the customs system, but also related to foreign trade enterprises and various fields of legal system such as E-government,so we should take this opportunity to approach the international track,improve corresponding systems,in order to better promote the development of international trade.First of all,this paper gives a comprehensive introduction of WCO "standard framework" basic content(Chapter 1) and the WCO legal methods about the international trade security and facilitation(Chapter 2);then,by the theory and methods of global management,the paper expatiates the relation, practical significance and law conflicts between "Standards Framework" and global governance(Chapter 3);at last,the paper gives suggestions on the existence of legal issues and improvement of the relevant legal system when we implementing the "Standard Framework"...