In these ten years, our country foreign trade pattern has had the huge change, since particularly our country has joined WTO two years ago, our country foreign trade’s method partial contents did not meet the foreign trade actual need, also does not conform to the WTO related stipulation. Therefore, at the right moment revises the foreign trade law, this already was our country foreign trade structural reform and the foreign trade sustainable development objective request.

Below on the foreign trade legal regime’s concept and the characteristic, international trade’s fundamental rule, our country foreign trade legal regime’s function and the revision and so on certain questions, does introduced as follows:

First, foreign trade legal regime’s concept
(one) foreign trade legal regime’s concept
The foreign trade legal regime, is refers to a country to carry on the administration and the service all legal norm general name to its foreign trade activity.

A country’s foreign trade legal regime is it to protect and promote the home industry, increases the export, encouragement which the limit import adopts with the restrictive measure, either for politics, the diplomacy or other goals, adopts to the import and export encourages or the limit measure. It is a country foreign trade overall policy centralism manifests.

The government management and the service foreign trade’s legal regime divides into two kinds: One kind is to the import trade management and the service; One kind is to the export trade management and the service. These laws are the compulsory legal norms, must do not perform after the legal proceedings to change at will.

The foreign trade legal regime’s scope includes: Customs regime, write false value added tax invoices, quota system, exchange control system, commodity inspection system as well as related protection competition, limit monopoly and aspects and so on square deal.

The foreign trade legal regime’s objective is the development foreign trade and the investment, maintains the foreign trade order, protects the home industry security, promotes a country economic stability development, improves people’s living standard.

(two) foreign trade legal regime’s essential feature
The foreign trade legal regime, compares with other department law, has the following several characteristics:

1. what it adjusts is the national management foreign trade this longitudinal legal relationship, belongs to the public law scope. The foreign trade law and the foreign people commercial law adjustment’s scope is different, what the latter adjustment is between the equal people trading main body right and the voluntary relations. But the former adjustment is between the government and the enterprise the longitudinal foreign trade legal relationship.

2. the contemporary foreign trade legal regime, already broke through the scope which in the traditional significance’s adjustment cargo import and export only relates. Modern foreign trade law, its adjustment object, also includes the cargo trade, also includes the trade in services, like telecommunication, finance, education, traveling, legal service and so on, but also includes the technology trade. Since the 1970s, the international trade already presented the cargo trade, the trend of development which the technology trade and the trade in services Trinity keeps pace with.
in 2002, the global cargo total volume of trade amounted to 15,200,000,000,000 US dollars, the global service total volume of trade amounts to 3,000,000,000,000 US dollars, the global technical volume of trade has surpassed 1,000,000,000,000 US dollars. Moreover, the two’s development momentum is very swift and violent, therefore, the trade in services and the technology trade in the entire foreign trade legal regime, occupied the very important status. This is also now the various countries foreign trade system’s new trend and the new characteristic.

3. the foreign trade legal regime, has generalized and division generally the narrow. Generalized on foreign trade legal regime, not only includes the adjustment cargo trade, the trade in services and the technology trade content, but also includes take the foreign direct investment transnational flows the aspect laws and regulations as representative’s each kind of element of production and the policy. In the narrow foreign trade legal regime, mainly defines in the management international trade (cargo, service and technology) laws and regulations.

4. now various countries, the US-led Western developed country (is not completely) in the foreign trade legal regime includes the management foreign capital content generally, moreover takes the entire foreign trade method important component; But the general developing countries, including our country’s foreign trade law, often are separate the management foreign capital legal regime and the management international trade foreign trade characteristics of things.

5. in addition, Western country foreign trade legal regime together regular, obtains full manifestation in the WTO core document, or WTO about the international trade aspect’s primary rules was the concentrated reflection these country foreign trade legal regime’s common ground. That is in various countries’ national law, the foreign trade legal regime was depends recently with WTO and the international convention received it to affect a biggest department law, therefore it had the profound international law brand mark inevitably.

(three) the foreign trade law has the special important status and the function
The foreign trade takes one kind of historical phenomenon, it follows the national appearance to produce, but only then, in the Capitalist mode of production namely produces the big division of labor and take the free competition after the leading production method establishment, only then obtains the unprecedented development. The foreign trade is various countries’ commodity in current distribution realm extending, is the society reproduces the process the important component. Along with the socialized big production’s development, the foreign trade has also made the corresponding progress. In the world history renowned economist Adam · Smith (1723-1790) at caused its reputation writings “National wealth Nature And Reason Research” (in 1776, was called “National wealth To discuss”), proposed famous “the natural division of labor” the theory.
“the natural division of labor” the theory central content is various countries may carry on the specialized production according to each one most advantageous condition, through the free trade, outputs our country to occupy the overwhelming superiority on the production cost the commodity, receives in exchange for our country not to be able to produce or the production cost high product. This theory first time has promulgated the international trade internal economy rule in the world history.

Before the Marxism produces, another classical renowned economist David · Li Jiatu who makes the great contribution to the international trade theory (1772-1823) in Adam – Smith “the natural division of labor theory” in the foundation, proposed in 1817 “the comparative advantage” the theory, promoted the international trade development in a deeper level.