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Study On The International Guarantee System Of The TIR Convention

Posted on:2018-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y R WangFull Text:PDF
GTID:2346330515488028Subject:International Law
Abstract/Summary:PDF Full Text Request
One of the most difficult problems in international road transport is the guarantee of goods and vehicles.Most countries including China usually guarantee the safety and quality of goods and vehicles and ensure that there won't be any tax evasion after the entry by paying guarantee fee to the Customs for every single goods,such as security deposit,tariff-guarantee or customs duty deposit and so on.But in practice,the main body of cargo transportation exists a number of small freight companies and even individuals,so such a high and complex security fee system brings too much pressure to them.In the meantime,it is very common to transit more than one country during once international road transportation,and there are many differences in the security system of goods transit transportation among different countries,so it will increase difficulty and complexity of the international road transport of goods if apply different transit security systems in different countries.These realities are hindering the development of international road transport.However,the TIR Convention solves this security problem to a large extent.The International Guarantee System created by it is one of the most important bases for the smooth operation of the Convention.In July 5th,2016,China submitted the Approval Letter of the 1975-TIR Convention(hereinafter referred to as “the Convention”)to the United Nations,and announced the approval to join the Convention formally.The Convention entered into force in China in January 5th,2017.So far,China has become the seventieth parties to the Convention.This means that China will apply the International Guarantee System designed by the Convention when carry out international road transportation cooperation with the States parties to the Convention,and become an essential link to the guarantee chain of the Convention's International Guarantee System which links all TIR countries.This will have a far-reaching impact on China's International road transport system.At present,there is a great difference between China's Customs Security System and the International Guarantee System of the Convention.What will be the impact on China's Customs Security System and how to modify and improve the China's existing system of customs security after the entry to the Convention,so as to realize the seamless connection between the existing system and the International Guarantee System of the Convention and to give full play to the positive role of the Convention,become the main problems of this paper.The study of the Convention's International Guarantee System of this paper is divided into the following five parts:The first part introduces the legislative evolution of the International Guarantee System and the institutional framework in the Convention.At the same time,by defining the concept and characteristics of the International Guarantee,this part also analyzes its important influence on the international road freight transportation,so as to form a preliminary understanding of the Convention's International Guarantee System.The second part is the analysis to legal relationship of the Convention's International Guarantee.The exploration to the legal relationship of the guarantee and the customs security is the premise to define the basic meaning and legal nature of the Convention's International Guarantee legal relationship.Meanwhile,this part is mainly from the angle of the subject of security to explain the legal relationship and the particularity of the International Guarantee System meticulously and deeply.The third part focuses on the analysis of the scope and method of the International guarantee,as well as the guarantor's liability to systematically analyze the main contents of the International Guarantee rules of the Convention.Meanwhile,through the comparison of the contents of the customs security rules with other countries,the author analyzes the particularity of the Convention's International Guarantee rules and the significance of the relevant system design.The fourth part mainly explains the operating mechanism of the Convention's International Guarantee.Not only analyzes the operation mode of the Convention's International Guarantee,but also from the rules of the approval of road vehicles and containers,the TIR carnet and the international recognition of customs control measures to expounds the supporting conditions for the normal operation of the Convention's International Guarantee,and expounds the supporting function of the existence and application of these conditions to the normal operation of the Convention's International Guarantee.The fifth part mainly from the perspective of China to explore the historical process and significance of China's accession to the Convention.At the same time,this part analyzes the obligation which China should bear as well as the necessity to perfect the relevant customs security system,based on the analysis of China's existing customs security system and combined with the actual situation that China has joinedthe Convention.First of all,find out the development history and the present situation of China's customs security system;Secondly,combined with the reality that China will apply to the Convention,this part will analyze the problems existing in the China's customs security system and put the emphasis on the significance to perfect such system both in theoretical level and realistic level;Finally,according to the actual situation of China,put forward some suggestions on the perfection of the China's customs security system from the aspects including legislation,law enforcement and dispute resolution.
Keywords/Search Tags:TIR Convention, TIR carnet, International Road Transport, Customs Security System, International Guarantee System
PDF Full Text Request
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