On The Legal Obstacles And Countermeasure Of The Export Of HuNan Fireworks

China is the world's largest producer and exporter of fireworks,and has considerable global share in the field of fireworks.Fireworks are listed as the first category of dangerous goods in the United Nations orange peel book.The nature of such dangerous explosive products makes the export trade of fireworks very difficult.Even in this case,the export of Hunan fireworks products is still on the rise,and the export volume of fireworks can still be maintained at about 300 thousand tons.The export trade of fireworks is also facing many legal obstacles while harvesting economic benefits.The situation of the export trade of Hunan fireworks is not optimistic.The legal barriers to the export trade of fireworks are mainly in the technical trade barrier of fireworks.the sea transportation and insurance of fireworks.There is no accurate legal definition of fireworks and firecrackers,and only international consensus has been reached on its classification and risk classification.The complicated and demanding fireworks standards of various countries make the fireworks industry often in a weak position when encountering technical barriers to trade.The third text of draft modalities for non-agricultural market access of the WTO,although there are regulations on technical barriers to trade in fireworks,is only a recommended document itself,and it is not mandatory.In the sea transportation of fireworks,the technical regulations on the transportation of dangerous goods are constantly updated,but the provisions on dangerous goods in the International Maritime Convention are very thin,the provisions on the rights and obligations of the shippers and the carriers are not clear and detailed,and the provisions for the disposal of dangerous goods are too simple,and the maritime law of China There is also such a problem.Through analyzing the contract cases of international maritime transport,we find that there are some general problems in the shipping of fireworks.In the export insurance of fireworks,the legal system of product liability appears disjointed and the development of export product liability is slow,and the legal system of export credit insurance needs to be perfected urgently.In order to ensure the development of the export trade of fireworks,the functions of international organizations should be expanded,and the functions of promoting and coordinating the international trade of fireworks should be played,and the professional legal service departments should be added to solve a series of problems arising in the signing process of the fireworks export trade.The reasonable exercise of the legitimate rights as WTO members,flexible coping with the export trade barriers of fireworks,not only to recognize the rationality of the existence of partial barriers,but also to resolutely resist unreasonable and unlawful trade barriers.Taking into account the lack of legal regulation for the transport of dangerous goods,the provisions of the International Maritime Convention on the transport of dangerous goods are beneficial to the maritime transport of dangerous goods and to the export of fireworks.In addition,the related insurance system of fireworks should be perfected and double insurance mechanism should be set up to reduce the risk of product liability and export credit risk.