Customs Supervision Legislation Of Korean Free Trade Zone And Its Enlightenment For China

Since the CPC Central Committee and the State Council decided to establish China(Shanghai)pilot Free Trade Zone on August 22,2013,the number of China’s pilot free trade zones has reached 21.As a pilot field of China’s reform and opening up,it has formed a number of institutional innovation achievements,copied and popularized across the country,and achieved remarkable results.However,up to now,the relevant legislation of China’s pilot free trade zone still exists in the form of "overall plan","Regulations" and "management measures",and there is no formal legislation at the national level;The management system of each pilot trade zone is mainly composed of three levels: the central government,local government and the Management Committee of the free trade zone.The rights and responsibilities are confused,and the administrative efficiency needs to be improved;The legislation related to customs supervision is not very complete and clear,and the facilitation of customs clearance and the construction of a "single window" for international trade need to be strengthened.The development of Korea’s Free Trade Zone started earlier and has become more and more perfect after half a century of exploration and improvement.China and South Korea are separated by a strip of water.They are close neighbors,geographically close and culturally homologous.In the process of establishing the modern judicial system,both are deeply influenced by the civil law system.In recent years,one belt,one road initiative and the formal accession to the RCEP have been actively implemented and applied in the FTA between China and Korea.In conclusion,compared with western countries,the customs supervision legislation of the South Korea’s Free Trade Zone has more targeted and reference significance for the improvement of China’s pilot free trade zone legislation.Firstly,this paper explore the theoretical basis of free trade zone legislation by analyzing the "transaction cost theory" of new institutional economics,the "international public goods theory" of international political economics.Secondly,analyze the advantages and characteristics of customs supervision in free trade zones,including the introduction of national level legislation,the content and measures of customs supervision legislation in free trade zones,efficient and flexible customs clearance,and a mature and stable international trade "single window",by studying South Korea’s Free Trade Zone Law.Thirdly,based on the development and legislative status of China’s pilot free trade zones,it is concluded that there are issues such as legislative deficiencies at the national level,customs supervision and law enforcement lag,and urgent need to improve the level of customs clearance facilitation in China’s pilot free trade zones.Finally,based on the application inspiration for China’s pilot free trade zones,suggestions are proposed to formulate a national level "China Free Trade Zone Law" and clarify the legislative content of customs supervision in the free trade zone,improve the legal system for customs clearance facilitation,and other aspects.