我国海关在贸易摩擦中的地位重构

The Resetting of Customs' Position in Dealing with Trade Frictions

我国在应对贸易摩擦的过程中,商务部等政府机构与行业组织占据着主导地位,海关则主要负责在幕后提供统计数据及进出口商品监测预警。但随着形势的变化,我们需要对海关的地位进行重构,而海关又具备了重构的条件。为此,我们应将海关正式纳入到贸易摩擦的应对机制之中,赋予其更多的话语权,并在现有法律框架内充分利用法律条文上的空间,努力寻找海关在应对贸易摩擦的不同阶段可以介入的渠道或途径,积极整合海关现有职能和拓展非传统职能,以大量的实践来为海关地位的提升奠定物质基础,从而为法理基础的最终实现做好铺垫。

In the process of dealing with trade frictions in china, the trade or government organizations such as Ministry of Commerce have played the leading role. Meanwhile the customs is only in charge of providing related statistical data, monitoring and making early warnings for import and export commodities. The change of situations requires the change of customs involvement in dealing with trade frictions, and china customs is ready for the change. Therefore, it＇s our obligation to put customs into the trade frictioncountermeasure-systems and enable it of more power of discourse. By making full use of the ambiguity of the wording of law in the present legal framework, we can look for the channels in different stages of dealing with trade frictions that customs can find its way into. The current functions of the customs should be actively integrated and its non traditional functions should be expanded. The generous practices will be the material basis for the upgrade of customs position, thus laying the groundwork for the final realization of establishing the jurisprudence foundations.