Legal Research On The Catalogue Of Legal Inspection Of The Import And Export Commodities

The quality of the import and export commodities is related to the health of the human body and the safety of the property,and also relates to the stability of the domestic market of the whole country,the healthy development of the foreign trade and the image of our country in the international community.At present,the import and export commodity system of our country is mainly based on the legal inspection,and the inspection is supplemented by the spot check.The legal inspection is based on the Catalogue of Entry and Exit Commodities(hereinafter referred to as"<Method of inspection>")issued by the Joint General Administration of Quality Inspection and Quarantine of the Peopleundefineds Republic of China and the General Administration of Customs.It is an indispensable role to promote the development of the economic and trade relations of our country.However,there are many disadvantages in the "method of inspection",such as the conflict between the supervision object and the inspection target,and some of the supervision objects are in conflict with the laws and regulations;the classification of the supervision category of the "inspection directory>is not reasonable,and there is no clear conformity assessment procedure and the inspection mode for adapting to different goods;" The adjustment mechanism of the "inspection directory>" is both passive and lagging.This has affected the current inspection of import and export commodities to a certain extent,and canundefinedt meet the requirements of the healthy development of foreign trade in the service.This paper begins with the definition and compilation of the concept of"catalogue of legal examination",reviews the historical evolution of "catalogue of legal examination",summarizes the function and existing problems of "catalogue of legal examination" at the present stage in our country,compares and analyzes the catalogue of legal examination combined with the experience of foreign countries,and puts forward some legal suggestions for perfecting the catalogue of legal examination.Through analysis and reference to the provisions of the United States,the European Union and Japan similar to the "catalogue of legal inspection",this paper puts forward some legal suggestions to improve the catalogue of legal inspection:The first one is to improve the legal and regulatory system of the catalogue of legal inspection;the second one is to establish a risk assessment mechanism for import and export commodities.The third one is the reasonably to set up the regulatory object of the catalogue of legal inspection,and to include the goods that really affect human safety,health,environmental consumer goods,dangerous goods and high energy consumption into the catalogue of legal inspection;The forth one is to scientifically adjust the contents of the catalogue of legal inspection,and to correspond the goods to be legally inspected to the HS code one by one.At the same time,according to the risk analysis of the types of import and export commodities,the supervision conditions of each commodity,the specific implementation links of inspection and inspection,the implementation content,the judgment standard,and the results of the risk analysis are used as the basis for determining the conformity assessment method.The last one is to improve the adjustment mechanism of the catalogue of legal examination.It is suggested that the basic mechanism of establishing and adjusting the catalogue of legal inspection should be added to the Customs Law,and the measures for the dynamic adjustment of the catalogue of legal inspection should be formulated in the form of departmental regulations,and the principles of work management should be established.It is hoped that the catalogue of legal inspection will be optimized by law and technology so that it can better adapt to the development of foreign trade economy.