Research On Chinese Legal System Of The Shipping Market Access Under The RCEP

The Regional Comprehensive Economic Partnership(RCEP)has brought significant benefits to its member states since it came into force one year ago,including the promotion of trade and investment,and driving the development of the maritime markets of each member state.In particular,the agreement’s provisions on international shipping services and related rules on maritime auxiliary services will play a crucial role in promoting the growth of the maritime industry in the region.The coordination of domestic regulations with RCEP provisions will also directly impact the implementation of the agreement in each member state,including the development of trade between member states and our country.From the perspective of domestic law,the implementation of RCEP’s international maritime services and its associated services rules,as well as the integration of domestic systems with RCEP provisions,will directly affect the development of trade between China and other RCEP member countries.Despite being one of the countries with the highest degree of openness in the international shipping industry,China’s legal system for market access still has many shortcomings.Firstly,differences in legislative values and content between legislative bodies,as well as the generally low effectiveness of legal documents,require centralized control of legislation and timely abolition of outdated regulations inconsistent with current mainstream development trends.Secondly,the unclear positioning and frequent adjustments of the negative list system,which is crucial for foreign investment access,creates hidden barriers for foreign investors entering China’s international shipping market,rendering the system ineffective.Therefore,it is necessary to reference the international setting structure of negative list systems and establish a national cross-border services trade list to enhance the stability,certainty,and transparency of the shipping market access list.Thirdly,China’s stringent ship registration system has led to shipping companies registering their ships overseas.Promoting and improving the international ship registration system in the free trade zones,coupled with preferential tax and financing measures,can attract more domestic and foreign ships to register in China.Finally,the maritime market supervision is currently a significant legal loophole.Establishing a maritime multi-management mechanism and integrity system with clear responsibilities,precise punishment standards,and information exchange is essential to implement the negative list system for shipping market access and to guarantee the implementation of RCEP rules.Furthermore,the improvement of the legal system for market access in the maritime industry should not only focus on the legal system itself,but also place emphasis on the development of China’s port industry and multimodal transportation sea-land chain.China should leverage the synergies between RCEP and the Belt and Road Initiative to encourage port enterprises to invest in optimizing domestic and foreign port and navigation facilities,standardizing auxiliary services and port services for maritime transportation.On the other hand,it should also promote projects such as the Western Land-Sea New Corridor and the China-Europe Land-Sea Express Line,and encourage foreign investors to adjust the market structure of the maritime industry in sea-rail multimodal transportation and freight forwarding in China’s central and western regions,in order to expand the scale of domestic enterprise freight transport.Finally,the access to the international shipping market in China should also take into account the consideration of sustainable development,which will help address the zero-carbon emission targets facing the global shipping industry.These challenges also present opportunities for China to attract foreign investment,continue to promote the liberalization of the shipping market,enhance the competitiveness of Chinese shipping enterprises,and increase its influence in the international community by leveraging RCEP and other economic integration agreements.