粤港澳大湾区建设中的区际海关法律冲突及合作

The Conflict and Cooperation of Regional Customs Law under the Construction of Guangdong-Hong Kong-Macao Greater Bay Area

粤港澳大湾区建设是国家推动内地和港澳共同繁荣发展的重大部署,符合新功能主义理论从经济领域合作开端带动整全领域合作的实践特征,有助于深入推动祖国统一。内地和港澳存在关税政策、贸易管制、外汇管制和旅客监管等海关法律冲突。当前区际海关合作在法律协调层面呈现出"多层次、经济性、实务性"的特点,在执法合作层面具有"一地两检"和"合作查验、一次放行"两种口岸通关合作模式。在"一国"的前提下应创新区际海关"执法合作",以执法合作带动立法互通,拓宽内地和港澳法律一体化发展的未来兼容。

The construction of Guangdong-Hong Kong-Macao Greater Bay Area is a major development of our country to promote the common prosperity of Mainland with Hong Kong and Macao, that is in line with the practical characteristics of neo-functionalism theory that runs through the entire field from the economic cooperation field to various fields, which will help to promote the unification of China. There are some conflicts that influence customs law among Mainland with Hong Kong and Macao, such as tariff policy, trade control, foreign exchange control, passenger supervision and so on. The current interregional customs cooperation is characterized by ＂multi-level, economy and practicality＂ in the level of legal coordination, there are two modes of customs clearance cooperation include ＂one place and two inspections＂ and ＂cooperative inspection and one release＂ in the level of law enforcement cooperation. Under the premise of ＂one country＂, we should innovate the ＂law enforcement cooperation＂ of regional customs, and promote the legislative interoperability through law enforcement cooperation, in order to broaden the future compatibility of legal integration between Mainland with Hong Kong and Macao.