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How to develop foreign trade?
发布人:网站管理员 发布时间:2011/9/24 点击:10672

A) to strengthen the exploring international market security function

At present, the main national foreign trade law by a prominent characteristics is foreign market development, and protect the function of the domestic industry. Enhancement of the foreign trade law exploring international market safeguard function, the implementation of the foreign trade investigation, already became the various countries' explore the international market, uphold its industry of the importance of safety law means, is the world of the foreign trade law legislation trend. The famous American 301 terms is an example. According to the American "1988 comprehensive trade and competition law" regulation, 301 terms and related measures is divided into three kinds: general terms, special 301 301 terms and super 301 terms. According to the general terms, if the United States 301 convinced that foreign trade representative of a legislative, policy or action violates the trade agreement or with the trade agreement not consistent, or unfair, and to the American commercial caused the burden or restricted, so the American trade negotiators should take action to achieve the American in accordance with the rights enjoyed by the trade agreement, or to eliminate this legislation, policies or practices of purpose. In terms of the special 301 is key monitoring the national intellectual property trade. And the terms of the super 301 focus is trade liberalization, U.S. trade negotiators should focus on some key of the country's main trade barriers and distort trade practices. According to article 301, U.S. trade negotiators may, according to circumstances of revenge for foreign take compulsory measures, such as to suspend or withdrawal of foreign trade concessions, the import goods or service for import restrictions, also can through negotiation require foreign government to correct its procedures or provide compensation, this shows that 301 is trade terms of unilateralism weapons. The United States often use the terms for other countries' trade measures on the investigation, and then talks with other countries, if a deal is achievement of revenge, forcing his unilateral concessions. America's main trading partners such as the European Union and Japan are PinZao this clause of the survey, by the bitter, the law of our country is also a visceral of section 301 main goal. But our country foreign trade law in 1994 in this aspect function obviously deficiencies.

For maximum interests to protect the local industry, new foreign trade law in the original anti-dumping, anti-subsidy and safeguard measures, such as an analysis based on the investigation of the foreign, adjust and special chapter 7 of the increase of foreign trade investigation. For example, with reference to the United States, South Korea, the legislative practice specified countries, technology import and export of the import and export of goods, international service trade to a domestic industry and its competitiveness, and the influence of the investigation of the competent authority of the investigation, the way, the measures are the corresponding provisions (article, 39 38). These provisions in the future for the country's foreign negotiation and consultation, signed the agreement, foreign relations by investigation and trade relief measures, and provides a quantitative analysis of the basic framework and evaluation procedures, be helpful for comprehensive balance international economic changes to a domestic industry and the influence of the domestic employment, which is beneficial to the comprehensive evaluation of the import and export of goods and technology import and export, import and export of international service trade relations with the advantages and disadvantages of the arrangement, be helpful for accurate and timely investigation launched by foreign and trade remedies.

At the same time, in the article 48 expressly authorized foreign trade department of the state council in accordance with this law and other relevant laws and regulations on foreign trade, the bilateral or multilateral consultations, negotiations and dispute settlement, strengthening the use the machine maintenance national economic security and enterprise legal rights and interests of ability.

(2) paid much attention and trade-related intellectual property right protection

And trade protection of intellectual property rights related to the world trade organization rules is the important content in the developed countries, is increasingly becoming maintenance of the main means its national interests. In the globalization of knowledge economy, the nature of intellectual property rights is not just technology innovation, but one of the international trade competition weapon. Therefore, the developed country attached great importance to the protection of intellectual property rights work, Japan and even patent for Chinese strategy.

In the WTO the tri agreement (i.e. TRIPs agreement), namely the provisions in the protection of intellectual property rights shall comply with the following principles when that national treatment, protect public order, social morality, public health, but also the principle such as specified: "can take the appropriate measures to prevent abuse of intellectual property rights holder". The new foreign trade law according to WTO rules, in reference to the United States, Europe, Japan and other foreign legislation is based on the experience of increased chapter 5 "and foreign trade protection of intellectual property rights related", the specific provisions by implementing trade measures, to prevent the import and export of goods infringing an intellectual property right and the holder of the intellectual property right abuse of authority, etc. These provisions for Chinese enterprise to properly deal with and foreign patent dispute over intellectual property between, and to protect the lawful rights and interests of foreign.

To pay special pointed out that the new foreign trade law article 31 return a regulation, for some countries and regions in intellectual property protection of the People's Republic of China not to give legal person, other organization or individual national treatment, or not to come from the People's Republic of China, technology or service provide goods fully effective protection of intellectual property rights, the new foreign trade law and the country or to the region's trade take the necessary measures. This will be in the effective protection of intellectual property rights of enterprises in our country product competitive advantage, and provide a powerful domestic law basis.

(3) the establishment of early warning emergency mechanism become the government regulating macro economic legal duties and responsibilities

Establish foreign trade warning emergency mechanism is the current practice that all countries. For example the us department of commerce in September 2003 to establish a "industrial analysis office", is responsible for the examination and evaluation import and export trade, government policy on industry and enterprise influence; South Africa, the European Union established "import monitoring the rapid reaction mechanism"; And India established import monitoring mechanism, etc. From the domestic industry point of view, the foreign trade warning emergency mechanism commonly known as the industry injury early warning mechanism. The industry injury early warning mechanism mainly through to the import and export of goods and technology import and export and international service trade the continuity of the abnormal situation, the paper analyzes the monitoring of the influence of the domestic industry, timely release related early warning information for the leadership of the state council, the relevant government departments, industry and enterprise decision-making service, the realization "to have put in, in not mess". The system consists of early warning, the plan, deal with the implementation of three parts, national macro management is an important part of the state, is an important means of regulating macro economy, is also effective use of the basic trade relief measures, prospectie, preventive measures to keep the domestic industry, security has important role.

After China's entry into the wto, especially in the face of economic globalization and fast development, the industrial safety in China in the face of the situation is getting worse. To this, the ministry of commerce industry injury fbi (former state economic and trade commission industry injury fbi), state quality inspection bureau, the people's bank of China and other departments according to their function, actively explore establish related early warning mechanism, has made positive progress. Among them the ministry has established the car, chemical fertilizer, the key industries such as steel and iron industry injury early warning mechanism, the monitoring of the key commodities, and actively promote the enterprise and the regional industry injury early warning mechanism construction work. The new foreign trade law, the provisions of article 49 of the state council foreign trade department and other relevant departments under the state council shall establish the import and export of goods and technology import and export and international service trade early warning mechanism, deal with the emergency foreign trade and the sudden the abnormal situation, maintain the safety of the state economy. This clause will come on stage, strengthening the government warning function, promote industrial damage warning mechanism construction and development.

(4) the transparency principle as a general principle in new foreign trade in the implementation of the law are comprehensive

The transparency principle is the world trade organization rules in the most basic principle is one of the realization of the target of the WTO general key. The core of the principles of transparency are the terms of the gatt article 10. With the expansion of the WTO influence, the principle has been widely spread and application, become security international trade predictability, and has become the key to all countries of the foreign trade law mandatory provisions and in its foreign trade law main terms.

The concrete content, one is released and told principles that announcement obligation. This principle requires member management institutions must will be put into effect formally with trade of the relevant laws, regulations, rules and policies shall be promulgated by the; With another member must be signed with the government or a governmental agency affecting international trade policy of the current treaty and the government shall be promulgated by the agreement; In the process of trade in the implementation of the specific laws, regulations and judicial cases and general avail himself of administrative decision, should be released quickly. Another is about administrative and judicial process of transparency. Ask for each member management foreign trade process and the process of foreign trade in case transparent, and required to government management in the process of foreign trade, an independent judicial review of the decision. Three is about business the economic level of transparency. Of course, the WTO on the transparency principle there are exceptions, such as public will be detrimental to public interest, beneath the state security or damage the interests of the enterprise's normal, such as commercial secrets, etc, can not open.

Our country in the wto protocol transparency principle on the question of the promise, key, or is that the government has breakthrough in the management of the foreign trade work cancelled within the file (also called red tape), namely that the execution, must be the public laws and regulations, rules and regulations and policies. The new foreign trade law in the foreign trade order and foreign trade investigation in chapter two article 38 and 36 are emphasized the foreign announcement obligation. For example, the provisions of article 36: "in violation of this law and jeopardizing the order of foreign trade, the state council foreign trade department can announce to the society". Article 54 in also stipulated the country must be established, the competent foreign economic and trade department of foreign trade and public information service system, and to a foreign trade operator and other social public to provide information service obligation. Long-term since, our country foreign trade the construction of public service system lags behind, the public information service consciousness weak, and foreign trade public information can be promptly to foreign trade operators and other social public to provide, in relation to China's accession to the WTO made the promise, related to China's international image. Through the announcement, on the one hand, to enhance the transparency, reflected the new foreign trade law and the basic principles of the WTO agreement; On the other hand also through will disturb the order of foreign trade behavior of the public initiatives to ensure the realization of the national's right to make China's economic environment, more stability and predictability. A guide to the social public concern foreign trade law, learning foreign trade law, the role of foreign trade law supervision.

At the same time, the new method in the process of foreign trade in revision and, for the first time for the chamber of commerce and the foreign enterprises with foreign investment advice. The legislature bringing them to about foreign investment enterprise right to trade, designated management, the intellectual property rights protection opinions and Suggestions of a careful study, and absorb the reasonable advice. This approach not only embodies the transparency of the WTO, and at the same time to the foreign trade law principle revision to the entire country themselves, and the construction of legal system will play a positive role.

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