Research On Legal Issues Of China's Bonded Port Area

With the development of international trade, the ports are becoming the forefront of a country's foreign trade position. And an increasing number of countries are taking various measures, like tariffs, to promote the growth of the trade volume at various ports. The establishment and development of Free trade zones, or someone says as free ports, has played an important role in the prosperity of regional economy and promotion of trade. In this paper, from theory to practice, from international to domestic research ideas, through the definition of the concept of the bonded port area, analysis and comparison of the characteristics of the relevant regions, the author tried to accurately grasp the characteristics of the bonded port area. And in the perspectives of comparaion between the legal system of some world-renowned free trade zones, the author of this paper summed up problems of China's current system of bonded port area and finally put forward some proposals to improve the legal system of China's bonded port area.This paper is divided into three parts:In the first part, the author made an overview of China's bonded harbor. The author first introduced the concept of bonded port area which stated in the law of our country, then analyzed the general nature of the bonded port area, functions, finally through the analisis of bonded port area with some similar concepts, cleared the distinctions and relationships between the bonded port area, bonded zone, and free trade zone. The establishment of such a theoretical foundation, will help us to correctly understand the positioning of the bonded port area, that is, the bonded port area is a transitional way from China's traditional free-trade zone to Free Trade Zone of foreign countries,, witch is essential for the author to pave the way for further analysis.The main content of the second part is to introduce some tipical legal system of regional free trade zones in other countries. In order to establish perfect zones, the author mainly compared provisions and characteristics of free trade zones in United States, Chile, and Hong Kong. The author considered that we can understand basic principle of laws and regulations of the free trade ports by comparing analysis, that is paying much attentions on support functions of legal systems. Such analysis above can offer guidance of bonded port area in our country.In the third section, the author mainly described the problems of China's legal system concerning the bonded port area. This section focuses on China's existing legal provisions and related policies so as to further analysis of China's current chaotic system of bonded port management problems: namely, the lack of unified macro legislation, positioning function is not unity, lack of authority of the administration and management systems cumbersome.In the last part, the author of this paper offered some suggestions of China's legal system concerning the bonded port area. She tried to find the most suited way to improve China's national conditions programs. She considered that we should first develop a unified law by the National People's Congress, which is " Law of the bonded port area in The People's Republic of China," so we could further improve the operating systems of management institutions in the law level, then on the basis of uniform legislation, we could also further clarify the positioning and function of the bonded port area as well as the relevant legal system. Finally, we could achive the improvement of the coordination of the bonded port areas and the dispute settlement system, and the establishment of a new system of employment and entrepreneurship.