On The Improvement Of Legal System Of China Entry And Exit Inspection And Quarantine

Entry and exit inspection and quarantine devote itself much to ensuring smooth development of Chinese economics, quality of exported products, health of the people and safety of agriculture, forestry, stockbreeding and fishery, vindicating legal rights and interests of every aspects of foreign trade and normal orders of international economics and trade, accelerating the development of foreign trade and breaking through international technological and trade barriers. Since the beginning of reform and opening to the outside world, system of China entry and exit inspection and quarantine had undergone three phases of development: three organizations of inspection existing side by side, three organizations merging into one, and foundation of Aqsiq with the development of Economic society and the expansion of foreign trade. Now the legal system of China entry and exit inspection and quarantine is shaping up, which mainly consists of"Four Laws and Seven Regulations"and the regulations of AQSIQ. In practice, system of inspection and quarantine devote itself much to ensuring the quality of Chinese exported products, preventing the infectious diseases and products of poor quality from spreading into and out of China, and assure national security. However, with the development of foreign trade, system of inspection and quarantine appears a good many deficiencies. There are many problems legally and operationally in the legal system of China entry and exit inspection and quarantine, such as Conflict of Laws, backwards rules, the different policy on domestic products and exported products, imperfect technique regulations and standards, irrational Category of Compulsory Inspection, incomplete mechanism of customs clearance and assessment procedure, and import and export in a state of imbalance, etc. Therefore, it is of much great importance to do research on theories of inspection and quarantine, and establish legal system of inspection and quarantine which is suited to the international rules and Chinese national conditions. Tt is necessary to build an integrated legal system of China entry and exit inspection and quarantine, scientific operation mechanism and countermeasures of strengthening international cooperation.Employed comparative analysis and pragmatic analysis method, the paper combines law theory and practice, integrates Chinese national situation into political situation, and bring forth workable advices to perfect legal system of China entry and exit inspection and quarantine. The paper consists of four chapters: the background, significance, foreign and domestic literature outline and composition reason of the paper is introduced in the foreword; in chapter one, the paper briefly introduces the outline, legal source, contents and function of legal system of China entry and exit inspection and quarantine; in chapter two, viewpoints combining theory and practice are employed to analyze the problems which lie in law, policy and performance of legal system of inspection and quarantine; chapter three brings forth advices of building an integrated legal system of inspection and quarantine, scientific operation mechanism and countermeasures of strengthening international cooperation. The innovation of the paper is to discuss theoretically Chinese legal system of inspection and quarantine from law, and bring forth advice the above-mentioned advices and countermeasures.