A Study On The Legal System Of The Border Trade In Inner Mongolia Autonomous Region

Border trade plays a very important role in the economic development,ethnic unity and progress,border stability,and the consolidation of good neighborly and friendly relations with neighboring countries in China’s border areas.Before the reform and opening up,there had already been intermittent trade activities between the border residents of Inner Mongolia and Mongolia and Russia.After the reform and opening up,China has successively established five border trade zones at the opening ports of China Mongolia and China Russia in Inner Mongolia,aiming to develop mutual trade in border areas.In order to standardize the order of border trade,the central government and Inner Mongolia have issued multiple laws,regulations,and related policies.China has signed multiple cooperation agreements with Mongolia,Russia,and neighboring border provinces and regions.At present,the academic community has not conducted in-depth research on the legal system of mutual trade among border residents in Inner Mongolia.This article is based on onsite research on border trade in Inner Mongolia,introducing the basic theory and current laws and regulations of border trade,sorting out the history and current situation of the development of border trade between Inner Mongolia and Mongolia,Russia,and analyzing issues such as "who trades","what trades",and "how trades" in border trade activities in Inner Mongolia;Exploring and analyzing the problems existing in the implementation of laws and regulations related to trade entities,traded goods,trading activities,and their management,and proposing solutions to these problems.This article consists of six chapters.The first chapter is "Basic Theory of Border Trade".This chapter analyzes the concept and characteristics of border trade,the relationship and difference between border trade and foreign trade,Border trade,ethnic trade,and market trade;Sort out the literature related to the theory of the Chinese Volksgemeinschaft and the theory of Minority rights,as well as the different views of the academic community,to provide theoretical support for the research on issues related to border trade.The second chapter is "the legislative status of mutual trade among border residents in Inner Mongolia".This chapter mainly reviews the legal provisions and related policies of Inner Mongolia’s mutual trade,as well as the bilateral agreements between China,Mongolia,and Russia.The administrative regulations related to inter market trade in Inner Mongolia stipulate the definition,subject,location,tax incentives,obligations of border residents,and customs powers of inter market trade;The bilateral agreements related to trade between China and Mongolia have stipulated the convenience of entry and exit for border residents;The China Russia Mutual Trade Agreement stipulates the convenience and business activities of Russian border residents entering the China Mutual Trade Zone.On the basis of reviewing the above legal provisions,bilateral agreements,and current policy documents,the author analyzes the provisions on the subjects of mutual trade,commodities,trading activities,and their management.The third chapter is "Overview of the Development of Border Trade in Inner Mongolia".This chapter introduces the four stages of the development of border trade between Inner Mongolia and Mongolia,as well as Russia;The operation of Inner Mongolia Border Trade Zone and the development model of border trade;Analyze the necessity and difficulties faced by the development of mutual trade among border residents in Inner Mongolia.The fourth chapter is "Legal problems and causes of border people trade in Inner Mongolia".This chapter analyzes the problems existing in the trade subjects,commodities,trading activities and management of border peoples’ mutual market.The reasons for the above problems mainly include the lag of existing laws and regulations,the insufficient protection of trade rights of border residents in mutual market,the lack of supervision and cooperation in administrative law enforcement,and the lack of cooperation between China and Mongolia and Russia in the field of mutual market trade.The fifth chapter is "The system,practical experience and enlightenment of border people’s trade in other provinces and regions of China".This chapter focuses on the system,practical experience and enlightenment of Guangxi,Yunnan Province and Heilongjiang Province.The inspiration from the mutual trade system and practical experience of the three provinces and regions mentioned above is that the government mainly promotes the development of mutual trade in the form of policies,supports the "pilot" development of mutual trade,pays attention to improving the efficiency of administrative department linkage law enforcement,pays attention to protecting the mutual trade management rights of local border residents,and emphasizes the role of Sino foreign bilateral cooperation mechanisms.The sixth chapter is "Suggestions for Improving the Legal System of Mutual Trade among Border Residents in Inner Mongolia".This chapter analyzes the institutional improvement measures for the mutual trade among border residents in Inner Mongolia from three aspects.Firstly,the State Council shall issue administrative regulations on border trade,fulfill its legislative responsibilities authorized by the Foreign Trade Law,and make regulations on the content of border trade;Secondly,revise the regulations of the Inner Mongolia Border Trade Government and formulate supporting provisions for the regulations of the Inner Mongolia Border Trade Government;Thirdly,strengthen cooperation in the field of mutual trade between border residents of China,Mongolia,and Russia.