A Study For The Legal Risk Management Of Contracts Of Comprehensive Bonded Zone

Under the background of economic globalization,in recent years,the Comprehensive Bonded Zone(CBZ)has been an important platform for the development of foreign trade in our country,which played an important role in import and export business,promoting the development and prosperity of local economic.As a special customs supervision zone of China,macroscopically,Chinese CBZ is controlled by State Council;microscopically,it is run in a mixed management model—“Management Committee plus Company”.The administrative affairs are dominated by Management Committee and oriented by market.The CBZ's contracts are the main ways to cooperate with the social capital for CBZ,which are civil contracts with administrative factors.Among them,the project-entry contract is the most important way to realize the investment and have been widely used.So the related CBZ's contracts management is gradually becoming more and more important,especially the legal risks' management of the contracts.Combined with the existing theory and practical experience of the legal risks' management of contracts,the legal risks' management of CBZ's contracts should start at two aspects,namely the prevention of contract's legal risks and the management mechanism.In terms of the prevention of contracts' legal risks,the legal risks of the current CBZ's contracts are mainly embodied in subjects,contents and the performance stage of the contracts.The reasons for this are as follows.To begin with,the legal status of the CBZ's Management Committee is unclear,which has multiple principal identities like government regulators,contract performer and the provider of preferential policies.Besides,the Management Committee takes the economic development of CBZ into account and urges the enterprise to settle down,and ignores the control of the contract's legal risks.In addition,in the process of contract signing,multiple sub-contracts or subsidiary contracts are often involved,which makes the legal relationships complicated.So the Management Committee should be cautious as one of the parties when signing contracts.Meanwhile,we should strengthen the contract review,further detail the responsibilities for breach of contract,and definitude the Management Committee's right of rescission etc.As to the mechanism of contract management,nowadays,there are many disadvantages in management mechanism of CBZ's contracts legal risks such as lack of independent contract management institutions and staff with professional abilities,the imperfection of the performance evaluation mechanism and the rewards and punishment mechanism.Therefore,we need to establish a perfect contract mechanism of centralized and dynamic management,legitimacy review,performance evaluation and personnel training in CBZ.