涉外法治建设视域下我国对外贸易经营权的制度变迁

The Institutional Changes of China’s Foreign Trade Operation Right from the Perspective of Foreign Legal Construction

面对当今世界百年未有之大变局,中国出于维护国家主权、安全和发展利益的迫切需要,必须加快涉外法治建设。自新中国成立后历经三个阶段立法变迁的对外贸易经营权作为涉外法治外贸篇的重要内容,应涉外法治发展需要而不断完善。目前对外贸易经营权已在人权保障、贸易自由、公平竞争等涉外法治建设方面取得喜人成就,成为统筹推进国内法治与涉外法治的良好范本,但仍存在对外服务贸易经营权自由化进展缓慢和公平竞争的法治环境建设不理想等问题。如何让中国服务贸易“走出去”,或将成为未来中国参与缔结多边条约和修改《对外贸易法》时需要关注的重点。

Faced with the unprecedented changes in the past century,China should accelerate the foreign legal construction out of the urgent need to safeguard national sovereignty,security and development interests.The foreign trade operation right,which has undergone three stages of legislative changes since the new China after 1949,is an important part for the foreign trade chapter of foreign rule of law and has been continuously improved in response to the development needs.At present,great achievement has been made about this right in the foreign legal construction including human rights protection,trade freedom and fair competition etc.,which has become a model for the integrated promotion of domestic and foreign rule of law.However,there are still problems such as slow progress in liberalizing the right to operate foreign trade in services and unsatisfactory legal construction environment for the fair competition.Therefore,how to make China’s trade in services“going global”may become the focus when China participates in concluding multilateral treaties and amending the Foreign Trade Law in the future.