Development Of Import And Export Commodity Inspection System Of China

The import and export commodity inspection system is an important system of the trade control system of China. The current import and export commodity inspection system was established after the People's Republic of China Import and Export Commodity Inspection Law issued in 1989. After China's entry into the WTO, the Decision on Amendment to the Law of the People's Republic of China on Import and Export Commodity Inspection was issued, and the provisions therein which are not compliance to international trade rules were amended.The establishment of the commodity inspection system has played a very important role in the development of the foreign trade after reforming and opening-up over the past 30 years in China. The foreign trading is essential to the development of Chinese national economy. Although it has been amended to better fit in the social economic development, the commodity inspection system of China still lags behind the development of social and economic development. The main reasons are as follow: 1. The import and export commodity inspection system has a long history, and it is still affected by the old mindset of planned economy. 2. According to the theory of administrative law, the administrative authority has to exercise the national administrative power based on the law, which means, it cannot assume the functions which are beyond the national administrative management. 3. Based on the principle of administration according to law, the import and export commodity inspection authority should position its role accurately and develop the import and export commodity inspection system from the legal perspectives.The administrative authority exercises the national administrative power under the authority by law, and the basic principles of administrative law are the legality of and rationality of administrative actions. In accordance with the basic principles and the element theory of commodity inspection, this paper elaborates on the history and the status quo of the import and export commodity inspection legal system, analysis the issues and the conflict with the basic principles of administrative law, and it puts forward ideas to solve the problem based on studying the import and export commodity inspection system of other foreign countries.