Research On The Legal Problems Of Issuing Certificate Of Origin Of China

The origin of goods is the statutory nationality of the goods in international trade. "The state shall implement origin management in respect of the imported and exported goods." This is an important legal system of foreign trade established in "Foreign Trade Law of The People’s Republic of China". The domestic legal system of origin has been established rapidly since our reform and opening up from scratch. Moreover, compared with the foreign developed countries, our existing laws of origin still have many defects in the process of issuing system design and implementation. There still exists potential risks in the process of the signing and issuing the certificate of origin need to be overcome, and the mechanism of the official signing institution is also need to be promoted. The target of the thesis is to find these problems and try to put forward writer’s suggestions.The thesis focuses on legal issues in the practice of issuing certificate of origin. Chapter 1 is to clarify the understanding of relevant concepts of origin, to introduce the situation of the legal system of origin, meanwhile explain its legal source, legal classification and legal characteristics in our country. Chapter 2 starts with presenting the entity rules of issuing certificate of origin, focusing on the theoretical basis of criteria of our rules of origin. Study the criteria comparatively, such as the criterion of Change in Tariff Heading Test, Value Added Test and Technical Test. Put forward proposals for the upgrading of the entity rules, according to the deficiencies of issuing practice posed above. Chapter 3 focus on the defects and deficiencies of the procedural rules of issuing certificate of origin in practice, and also include the potential risks of issuing certificate of origin in practice. And then provide the feasible measures to perfect the procedural rules of issuing certificate of origin.