From The Perspective Of Consumer Product Safety On The Reform Of The Legal Inspection System Of Import And Export Commodities In China

The current statutory inspection system for import and export commodities was formed in the 1980s.After China's entry into WTO in 2001,the statutory inspection system has been adjusted and optimized according to the needs of foreign trade development.Since the Eighteenth National Congress of the Communist Party of China,China has comprehensively deepened its reform and pushed forward a series of important measures to expand its opening to the outside world.According to the changes of economic and trade situation at home and abroad,the executive meeting of the State Council in 2013 decided to abolish the statutory inspection of the export of general manufactured goods,and requested that the reform of the statutory inspection system should be urgently studied.In the new round of government institutional reform in 2018,the Entry-exit Inspection and Quarantine Department was integrated into the Customs as a whole.The State newly established the General Administration of Market Supervision,and completed the structural reform of the statutory inspection system.The structural reform necessarily requires the reform of the statutory inspection system,and the reform of the statutory inspection system is imperative.It is generally believed that the biggest problems in the statutory inspection system are to hinder trade facilitation,such as "emphasizing microcosmic rather than macroscopical","emphasizing inspection rather than supervision","emphasizing catalogue rather than risk","emphasizing export rather than import".This paper argues that after a series of adjustment and optimization of the current statutory inspection system since China's entry into WTO,the biggest problem is not trade facilitation,but the serious absence of safety supervision of imported consumer goods.The reason is that from the perspective of the formation and development of the statutory inspection system,the statutory inspection system is purely positioned to promote the industrial policy of foreign trade development,with the goal of maintaining trade order and promoting industrial development.From the perspective of consumer product safety,there are some inadaptable problems in the aspects of supervision concept,function orientation,system design and system implementation.The first problem is whether to protect public interests or industrial interests.The system design neglects consumer needs.The implementation level is not micro,but not micro enough.By studying the practice of safety supervision of imported consumer goods in the United States and combining with China's national conditions and the reality of government management,this paper argues that the statutory inspection system needs to adjust the concept of supervision,attach importance to consumer needs,carry out reforms on the three aspects:laws and regulations,technical basis and system implementation,realize the precision of statutory inspection supervision based on risk management,and adjust the subject of conformity assessment through wide acceptance of the second and third party inspection results.The implementation should realize that the safety supervision of imported consumer goods not only facilitates trade,but also maintains safety,saves resources and regulates effectively,and establish a new statutory inspection system that meets the requirements of the new era.This paper is divided into five chapters.The introduction explains the significance of the topic,the definition of the main concepts and related theories,the research status at home and abroad,research ideas and methods.The first chapter studies the formation and development process of the statutory inspection system,tries to find out the basic logic of its evolution,and provides historical reference for the analysis of the problems and reform of the statutory inspection system.The second chapter studies and summarizes the main characteristics of the statutory inspection system,especially a series of measures to improve the system and the status quo of its implementation since China's entry into WTO,and generally points out the main problems of its functions.Chapter three analyses the specific deficiencies of the statutory inspection system in the supervision of the safety of imported consumer goods in detail from the perspective of consumer product safety;Chapter four studies the safety supervision practices of the United States on imported consumer goods,especially points out the reference points and non-applicable practices in connection with the actual management of our government,so as to provide an effective reference for the reform of the statutory inspection system.Chapter five puts forward the ideas and countermeasures of the reform of statutory inspection system according to the historical experience,the successful practices of the United States and the national conditions.At present,the domestic researchs on the statutory inspection system of import and export commodities mostly study in the system itself,rather than on the real operation of the system in the actual implementation level.In the history of the statutory inspection system,there is a lack of summary and summary of its basic laws of formation and development.At the same time,there is insufficient research on the actual effect of a series of supervision concepts and practices introduced from developed countries in Europe and the United States since the entry into WTO.This paper focuses on these aspects.This paper holds that from its formation and development history,the statutory inspection system is actually an industrial policy for the development of foreign trade.The primary task is to promote the development of foreign trade.This paper holds that the main problem of the statutory inspection system is not trade facilitation after a series of adjustment and optimization of the system for trade facilitation since China's entry into WTO,but under the background that the state emphasizes stimulating domestic demand,expanding imports and promoting consumption,the supervision of the statutory inspection system on the safety of imported consumer goods can not meet the needs of social and economic development.The problem at the execution level of the statutory inspection system is not only"emphasizing the micro while neglecting the macro",but also inadequate micro and inaccurate.Based on the analysis of the three basic functions of the statutory inspection system in the new era,this paper holds that as a measure of technical trade barrier,the statutory inspection system is effective in protecting economic security and environmental security.The statutory inspection system can not be simply abolished,but needs to improve the supervision of consumer goods security through reform,taking the protection of public interests as its main function and embodying the fundamental significance of existence as a kind of government regulation measure.The main shortcomings of this paper are:first,the insufficiency of empirical analysis.Because the author's time,energy and ability are limited,the empirical research in this paper is relatively lacking;second,the countermeasures and suggestions for the reform of the statutory inspection system of import and export commodities are not systematic enough.Under the conditions,the author will revise and improve the above shortcomings.