Research On The Legal System Of Custom Clearance Facilitation In PFTZs

It is a new trend for the establishment of international trade rules for cargo customs clearance facilitation,which is to adapt the Free Trade Zone to the trade of goods and services,and is an important support for realizing economic integration and promoting the reform of economy system.By comparing and analyzing the standards related to customs clearance in the international advanced Free trade zone agreements,such as the International Convention on the Simplification and Harmonization of Customs Procedures,the WTO Agreement on Trade facilitation and CPTPP,It is concluded that the International Free Trade Zone has perfect legal protection,sets up statutory bodies to coordinate and promote the implementation of various measures for the free trade area.The customs clearance process,laws and regulations for the International Free Trade Area is open and transparent.Also,the International Free Trade Area provides the sharing of information and the establishment of international standards for customs facilitation,such as the "single window" of full-featured international trade.This paper takes Shekou FTZ as an example.It is focus on the current situation of the legal system and institutional mechanism of the trade and investment liberalization and facilitation hitting a plateau.We propose that Shekou PFTZ has the following situation that is the higher coordination cost,more customs clearance process and less cooperation with enterprise.The reasons which are led these situation above are the short development time for the legal system,some laws are in conflict in the process of implementation,the laws and regulations and the customs clearance process are not transparent,and the customs facilitation rules are relatively backward compared with the international mature free trade zone legal rules.Comparing with the international standards to build China's free trade zone to meet the international customs clearance legal system,to blaze new trails,to propose a more open legal regime consistent with international practice.It need focus on two sides(include five suggestions)which is promoting the legalization of Customs clearance Facilitation in the Shekou PFTZ.On the one hand,it is the suggestion to promote the legalization of Customs clearance Facilitation in the Shekou PFTZ: firstly,to formulate and introduce legislation at the national level in the PFTZ in China;secondly,to set up statutory bodies to coordinate the implementation of measures in the PFTZ.On the other hand,through legislation to improve the PFTZ customs clearance to facilitate the legalization of the rule of law internationalization standards: firstly,Law defines transparency rules to ensure transparency,openness and fairness in trade policy;secondly,to learn from the provisions of CPTPP and legislation on the clearance model of small and medium-sized enterprises;thirdly,according to the international rules,to formulate a “single window” legal norm for international trade.The suggestions presented in this paper can play a guiding role in the actual operation of the Shekou PFTZ and solve the practical problems.To provide reference and valuable reference for the establishment of PFTZ in China and the management system of International Customs clearance facilitation and ensure the healthy development of PFTZ in China from the legal system level.