Research On My Country's Export Control Legal Issue

Export control refers to the action of a government to prevent the circulation or diffusion of its limited commodities or technologies to the target country through various channels by establishing a series of review,restriction and control mechanisms,so as to realize its own security,diplomatic and economic interests,and control nuclear,biological,chemical and It is a common international practice to take prohibitive or restrictive measures against the export of specific items such as weapons.The United States has added a number of Chinese individuals to various sanctions lists.At the same time,in the absence of overall coordination of superior laws,many problems in enforcement practice,and the control measures can not be equal and balanced.The promulgation and implementation of the export control law has effectively filled the gap in the future,and also provided a more powerful legal guarantee for doing a good job of export control under the new situation.It can be divided into four parts.Firstly,makes a comprehensive and positive evaluation of the special legislation for the development milestone of China’s export control,and analyzes the main highlights and improvements of this legislation.As the beginning of the comprehensive establishment of China’s export control legal system,the process management of international trade and various subjects,the problems and deficiencies of China’s export control in terms of coordination mechanism,supervision methods and control tools,and discusses the China’s export control management improvement from these three aspects.The coordination of export control management mechanism,in terms of organization,through the establishment of high-level specialized agencies to comprehensively manage export control institutions;Set up a coordinating body to improve the efficiency of multi head examination and approval;Further improve the expert coordination mechanism.In terms of coordinated law enforcement,formulate unified export control implementation regulations to ensure the effective implementation of export control law enforcement;Connect the staffing and full cooperation between the central and the other party’s law enforcement agencies;Build a unified information platform and advanced technical detection and reconnaissance meant,in order to achieve the effectiveness of export controlThe improvement of supervision methodspromote the construction of export compliance,strengthen ex post supervision,and implement of end users and end uses..The strengthening of control tools will put the policy into practice in an instrumental way.China’s existing slightly weak regulatory tool system,through the selection of regulatory tools with different characteristics,implements macro or micro,strengthening or relaxing and other regulatory effects on the regulatory object.Improve the hierarchical management of license,clarify the convenience measures of general license,implement the two-level management mode,and supplement the gap of license exceptions;Unify the list of controlled items,such as deemed export and re export,and establish a periodic and institutionalized adjustment mechanism to keep the focus of the list with the times by subdividing the control areas,precise management of countries,and defining the relevant provisions of the list;Clarify the principle of extraterritorial application of the list of unreliable entities,prevent abuse and strengthen the operability of the control list.