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| 书 名： | WTO与中国行政法制改革 | ||||
| 英 文 名： | WTO and the Reform of Chinese Administrative Law | ||||
| 作 者： | 信春鹰冯军 | ||||
| I S B N： | 7-80190-617-9 | ||||
| 关 键 词： | 世界贸易组织 行政改革 法治改革 中国 | ||||
| 出版日期： | 2005-06-01 | ||||
中文摘要
本书围绕我国加入WTO后行政法制改革所面临的机遇和挑战，通过对WTO背景下行政法律制度各项改革的研究，如政府职能转变方向的确定、行政法对经济行为与经济自由的保护功能的发挥、行政监督体系的完善等，为行政法具体领域的改革提供了大量有针对性的政策建议。
文章列表
The principle of transparency is one of the basic principles of WTO，and it is a prerequisite for the smooth-running of international economic order. This principle requires that governments of all WTO members publicize without delay their respective policies，laws，administrative regulations concerning foreign trade，and without formal publicizing，these normative legal documents shall not be implemented. China has made complete and clear commitment in its accessing protocol to the WTO. Since its reform and open policy was introduced，China has made some progress in governmental information publicity institution construction and practice，but because of restrictions of traditional notions and the legal system，there are still some problems in publicizing governmental information，which is not in accordance with requirements of WTO transparency principle. The problems manifest themselves especially in these respects：carriers for publicizing governmental information are quite problematic；methods for publicizing governmental information are limited；there are various but not uniform channels for publicizing governmental information；for some regions and government departments，information publicity is just a formality；information publicity is not balanced with the level of respective governments；illegitimate interference in the process of governmental information publicity；there is no uniform regulation on the construction of electronic government，and there are wide spread repetitive constructions；there exists no appropriate legal guarantee and remedy institution for governmental information publicity，etc. In order to meet the requirements of WTO’s principle of transparency，to promote development of democratic politics，and to establish and perfect socialist market economy，construction of governmental information publicity institutions should be strengthened. First，there should be notion-transformation. Governments and their staffs should conceive and follow the notion of service，the notion of rights，the notion of openness and the notion of information-sharing. Second，a law of governmental information publicity should be passed，thereby the objects，scope and procedure of governmental information publicity are clarified；with the making of the law，citizens’ right of information is affirmed as well，which should include clear stipulation on the time，place，method and approach for citizens，legal entities and other organizations to get government-held information；the law should also include stipulations on supervision of government publicizing or not publicizing information，and legal responsibilities for government not publicizing information. Third，establishing and perfecting electronic government institutions，while at the same time avoiding the problems of each government department doing things in its own way and repetitive construction；the problem of neglecting transformation of government management while emphasizing application of information technology should also be avoided. Fourth，establishing local consultation offices，and gradually enlarging scope of information publicity，so as to realize the aim of truly open and clear government both in form as well as in essence.
,KeyWords:7203,36718,31710,EKeyWords:,SubjectWords:,LiteratureId:6682498,Fileref:null,OrderFlag:0,IsLeaf:N,PubDate:null,FindDate:null,IssueDate:null,DocType:null,ProductSeries:null,Doi:null,InstanceID:0,MinNodeSearch:Y,XmlID:b1201506010010230_000_006,Prop1:null,Prop2:null,Prop3:null,prop4:null,AddUser:admin,AddTime:2016-04-26 10:07:45.0,ModifyUser:Admin,ModifyTime:2023-09-26 21:09:20.0,HitCount:10,ShowType:putong,LogoID:0,PdfID:6682499,DownCount:1,AuthorInfos:{"Li Zhong":{"Address":"","Affiliation":"","Email":"","Role":null,"Photo":"","Blurb":""}},BookPublishDate:2005-06-01 00:00:00.0,SearchTitle:WTO与政府信息公开,ISBN:7-80190-617-9,BookTitle:WTO与中国行政法制改革,BookStatus:7,AllowDownload:Y,BookVersionNum:null,researchorg:null,CopyRightDate:null,ExcellentPeriod:null,PrizeLevel:null,IsExcellence:null,ContentClass:null,IsDisabled:N,SearchTitle_2:WTO与政府信息公开,_RowNo:9With respect to taxation，China must adjust its tax system in appropriate time so as to make it compatible with the relevant WTO regulations and speed up the standardization of the tax law system in the country. Current the following problems exist in the taxation system in China：first，the tax laws in China are mostly low-level legislation，poorly organized and lack of uniformity and coordination and，as a result，have failed to embody the principle of taxation by law；second，the lack of transparency in both the tax law system and its implementation；third，the differential treatment of Chinese and foreign taxpayers，which is against the principle of non-discrimination of the WTO；fourth，the low quality of the implementation of tax laws. There exist serious problems of non-compliance and slack enforcement of law in the field of taxation；fifth，not enough attention is paid to the protection of the rights of taxpayers and the relevant remedy mechanisms need to be improved. In view of the above problems，we suggest that the following multi-pronged measures be taken to gradually improve the tax law system in China：first，to establish the principle of the rule of tax law，adopt basic laws on taxation so as to upgrade the status of tax laws in the legal system；second，to gradually abolish the differential treatments between Chinese and foreign taxpayers and truly implement the principles of national treatment and equality in taxation；third，to increase the transparency of the tax law and administration of taxation；fourth，to strengthen the protection of the rights and interests of taxpayers through the improvement of tax litigation.
With respect to tariff，the following gaps exist between the current Chinese system and WTO regulations：first，due to import value added tax and other factors，the tariffs imposed by China are still on the high side generally；second，the nominal tariffs are much higher than the actual tariffs；third，there still exist large number of non-tariff measures；fourth，some aspects of the current Chinese law on customs valuation，such as the method of valuation and the protection of the rights and interests of importers，are still not compatible with WTO regulations. In view of the above problems，China should first of all gradually upgrade the tariff laws. At the same time，it should strictly fulfill its obligations of tariff reduction and gradually reduce the average level of tariff in light of its national conditions. Besides，it should standardize and straighten out the existing policies on tariff reduction，gradually abolish unreasonable tariff-reduction policies and reduce the gap between nominal and actual tariffs.,KeyWords:600763,44162,82691,352401,EKeyWords:,SubjectWords:,LiteratureId:6682537,Fileref:null,OrderFlag:0,IsLeaf:N,PubDate:null,FindDate:null,IssueDate:null,DocType:null,ProductSeries:null,Doi:null,InstanceID:0,MinNodeSearch:Y,XmlID:b1201506010010230_000_007,Prop1:null,Prop2:null,Prop3:null,prop4:null,AddUser:admin,AddTime:2016-04-26 10:07:45.0,ModifyUser:Admin,ModifyTime:2023-09-26 21:09:20.0,HitCount:2,ShowType:putong,LogoID:0,PdfID:6682538,DownCount:1,AuthorInfos:{"Lu Yanbin":{"Address":"","Affiliation":"","Email":"","Role":null,"Photo":"","Blurb":""}},BookPublishDate:2005-06-01 00:00:00.0,SearchTitle:国家税收、关税、政府补贴和国家保护,ISBN:7-80190-617-9,BookTitle:WTO与中国行政法制改革,BookStatus:7,AllowDownload:Y,BookVersionNum:null,researchorg:null,CopyRightDate:null,ExcellentPeriod:null,PrizeLevel:null,IsExcellence:null,ContentClass:null,IsDisabled:N,SearchTitle_2:国家税收、关税、政府补贴和国家保护,_RowNo:10
In this part we will discuss the freedom of trade，freedom of settlement and establishment.
First，we will restate the commitments made by China about the trade，settlement and establishment in “Protocol on the Accession of PRC” and “Report of the Working Party on the Accession of China”. Because in the first and second part of this chapter we have discussed some commitments about the transparency，tariff and subsidies，in this part we will talk about other commitments about trade，settlement and establishment. These include：①right to trade；②uniform administration on the trade regime；③non-discrimination （including national treatment and most-favored-nation treatment）；④lowering trade barriers （including tariff and non-tariff barriers，such as quotas，quality，import licenses，technical barriers，sanitary and phytosanitary measures）；⑤price control by the government and state trading；⑥market access of trade in services；⑦trade related investment measures；⑧competition policy.
Second，we will discuss the current legal system on trade，settlement and establishment in China. We will choose some issues that are the most interesting topics. These topics include：the right to foreign trade，main rules on foreign invested enterprises，administration on trade regime，market access of trade in services，the barriers to trade，state trading，price policy and competition policy. I will provide the positive and negative effects of every basic policy.
Third，I will give some advice on freedom of trade，freedom of settlement and establishment. On trade in goods，we should deregulate the right to foreign trade and simplify the procedure of getting the trade-quotas and import license. We should strengthen the uniform administration on the trade regime and do our best to decrease the special trade regions. The government should abstain its power to control the prices of goods. By the way，we should improve our anti-dumping regulations to meet the needs under the new condition. On trade in services，we should prepare to abolish the special acts on foreign invested enterprises. We should amend some regulations on related professions according to the commitments we made in the Protocol and Report. We should take advantage of the buffer periods to deepen the market-orientated reform. We should establish a uniform national market as soon as possible. Lastly，the most important is to establish the accountability in administration system and to improve its efficiency and transparency.
,KeyWords:299986,7333,600764,49850,EKeyWords:,SubjectWords:,LiteratureId:6682572,Fileref:null,OrderFlag:0,IsLeaf:N,PubDate:null,FindDate:null,IssueDate:null,DocType:null,ProductSeries:null,Doi:null,InstanceID:0,MinNodeSearch:Y,XmlID:b1201506010010230_000_008,Prop1:null,Prop2:null,Prop3:null,prop4:null,AddUser:admin,AddTime:2016-04-26 10:07:46.0,ModifyUser:Admin,ModifyTime:2023-09-26 21:09:20.0,HitCount:2,ShowType:putong,LogoID:0,PdfID:6682573,DownCount:1,AuthorInfos:{"Yao Denian":{"Address":"","Affiliation":"","Email":"","Role":null,"Photo":"","Blurb":""}},BookPublishDate:2005-06-01 00:00:00.0,SearchTitle:贸易、开业和经营的自由,ISBN:7-80190-617-9,BookTitle:WTO与中国行政法制改革,BookStatus:7,AllowDownload:Y,BookVersionNum:null,researchorg:null,CopyRightDate:null,ExcellentPeriod:null,PrizeLevel:null,IsExcellence:null,ContentClass:null,IsDisabled:N,SearchTitle_2:贸易、开业和经营的自由,_RowNo:11Economic globalization on the basis of the institutions of World Trade Organization has brought economic growth to some countries and regions，but it has also caused some side-effects which are not to be neglected.
One of the problems brought about with globalization is new risks and challenges to labor right protection. In order to coordinate with WTO regulations after its accession to the trade organization，China is supposed to revise its economic and legal institutions，and these changes in economic and legal institutions will surely affect the rights of Chinese workers. How to handle this problem will have great impact upon social and economic development in China.
As an international organization to protect rights and interests of workers around the world，the International Labor Organization has done quite a lot to eliminate the side effects of globalization，and International Labor Conference has made a Declaration on Fundamental Principles and Rights at Work to promote ’decent work’. Besides，ILO has introduced many other documents for the purpose of protecting labor rights，and it has set up supervising institutions to ensure implementation of the declaration and other related normative documents.
In spite of these documents for protecting labor right and supervising institutions thereof，ILO by itself is regarded as not strong enough in punishing those entities that violate rights and interests of workers. In order that ILO documents are well implemented，some people suggest that trade rights of a country under WTO regulations be connected with the situation of its protecting labor rights. This is the so called ’social clause’ in international trade arrangement，which means that if a country violates labor rights，its trading partners are in a position to impose trade sanctions against it. But developed countries and developing countries are divided on the question of ’social clause’. Developed countries hold the opinion that by not protecting labor rights up to international standards and thereby reducing costs of products produced in their countries，developing countries are carrying out a ’social dumping’ policy in their trade with developed countries；on the other hand，developing countries accuse developed countries as practicing trade protection policy under the cover of ’social clause’.
Because of the great differences between developed and developing countries concerning ’social clause’，ILO and WTO can only emphasize the importance of protecting labor right and at same time declare that international labor standards should not be used as a pretext for trade protectionism.
And before its accession to the World Trade Organization，China has developed a set of labor legal institutions whereby labor rights have been protected to some degree，but there still exists a great gap between China’s labor legal institutions and international labor standards. With the rapid development of private economy，the ever-perfecting of economic system，and the increasing influence of international labor standards upon labor protection in China after its accession to WTO，China’s labor legal institution reform is faced with unprecedented opportunities as well as challenges. In this part of the chapter，analyses on the trends and focuses of China’s labor legal system reform are made in context of improving labor standards，eliminating discrimination at work，guaranteeing democratic rights of employees，constructing and perfecting collective bargaining institutions，and perfecting supervision and remedy institutions for labor right protection；suggestions to reform China’s labor legal institutions are made on the basis of these analyses.
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