In 1990s, in order to carry out the diplomatic policy of good-neighborliness and friendliness, China took policies and measures to facilitate frontier trade. China has a borderline of 22,800 km, with Yalu River in Northeast and Beilun River in Beibu Gulf bordering North Korea, Russia, Mongolia and other 12 countries. Various scales of frontier trade are developed between China and the above-mentioned countries; the frontier trade in the long term is one of the major driving forces that national autonomy areas develop their economies.Trade facilitation means simplifying the procedure and formality of custom clearance, harmonizing the applicable law and rules, standardizing and improving the infrastructure, the highlight of which is the reform of existing system of custom and transit, making the flow of cargo more conveniently and efficiently. A lot of regulations have been passed as follows: Circular of the State Economic and Trade Ministry and Other Departments on the Positive Development of Frontier Trade and Economic Cooperation to Promote Prosperity and Stability of the Frontier in 1991, Circular of State Council on the Frontier Trade-Related Issues in 1998, Circular of Supplementary Provisions of Ministry of Foreign Trade and Economic Cooperation, General Administration of Customs on the Further Development of Frontier Trade in 1998, Regulations of Frontier Trade Exchange in 2003 etc.Frontier trade flourishes with the entrance of WTO of China and rapid development of China Economy, the Chinese government strengthens its regulation to promote and smooth frontier trade and the administrative departments of provinces in frontier have carried out the preferential policy for frontier trade. Most of these policies are implemented in term of circulars and conference documents, and few of them are announced as rules, regulations of State Council and departments.All the laws and regulations referred above are called'frontier trade measures and regulation'or'policy'in this thesis for convenience. Currently the study aspects of inland academics on frontier trade measures and regulation differ from each other. Some academics mainly study the influence of frequent changes of trade environment and trade policy on frontier trade. They regard the booming of China-ASEAN Fee Trade Area (CAFTA), Northeast Asian International Economic Cooperation, Lantsang River-Mekong River Program, Two Corridors and One Circle cooperation among Yunnan, Guangxi and Vietnam and other sub-area economic cooperation as the opportunity and challenge of China frontier trade. They are more opportunities than challenge, and put forward a method to expand the frontier trade. Other academics put their energies on the analysis of relation of the frontier trade policy and WTO rules. They argue that there are lots of legal problems, like frontier trade measures and policies are discriminatory and not generally applicable; the departments which are incumbent on the regulation of frontier trade are not clear. All these problems result from the lack of a systematic law of frontier trade regulation. This thesis discusses the frontier trade regulation from these aspects, points out the nature of frontier trade regulation in legislation, makes a proper understanding of 'frontier traffic', and probes into the feasibility of the legislation of frontier trade regulation etc.The thesis can be divided into four parts to discuss about the frontier trade regulation.The first part analyses the legal sources and nature of frontier trade measures and regulation. The legislations of frontier trade regulation are the trade rules which are enacted to facilitate the frontier trade. This part of thesis lists the concepts of frontier trade that inland academics have defined. These definitions conflict with each other, making the study difficult. Then this part analyses the way the frontier trade is regulated in China, the necessity of this kind of regulation, and makes comparisons with the frontier trade measures and regulation of European and American countries. Meanwhile, this part examines the legal sources of frontier trade measures and regulation. The thesis uses the research results of many academics, generalizes the connotation of frontier trade measures and regulation, and explains the differences of frontier trade measures and regulation among China and Europe, America. The former analysis puts the theoretical basis for the later analysis of frontier trade measures and regulation.The second part discusses the present misunderstanding of frontier trade, and points out the legal problems of frontier trade regulation:firstly, the understanding of'frontier traffic' goes against the spirit of WTO. Secondly, the present definitions of'frontier trade'are superficial and contradictory. Thirdly, the unanimous understanding of'preferential treatment' hasn't been reached yet.The third part analyzes the feasibility of frontier trade measures and regulations. One way is to find the rationality in WTO rules, that is taking advantages of the preferential clauses which are not reciprocal for developing countries, but considering to take the complicated economic situation of China as a emerging economy into consideration, this method is not the best approach. Another way is to find inspiration in regional trade agreement; that is making good use of the platform of China-ASEAN Free Trade Area, passing the policy of enriching the people and strengthening the defense, and developing research and argumentation of policy and measures. It is desirable to enact, amend or annihilate the frontier trade regulations and policy, and systematize the frontier trade laws when establishing the free frontier trade area.The fourth part summarizes the problems existing in the regulations of frontier trade measures and their process of enactment. According to the extent of present research, the thesis put forward the suggestion of establishing the free frontier trade area to solve the plight. It's advisable to stop the dispute on the abstract nature of frontier trade measures, make a clear cognition of the danger of marginalizing the frontier trade, and develop the argumentation of free frontier trade area, build the'soft environment'for the operation of free frontier trade area. |