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WTO demands massive government adaptation
2001-12-12
China Daily
China's entry into the World Trade Organization (WTO) is expected to thoroughly transform the government's administrative ideas and legislative decision-making process.
"China's accession to the WTO is actually the accession of the government into the organization to some extent," said Yang Jingyu, director of the Legal Affairs Office of the State Council.
The accession to the WTO -- a global inter-governmental organization based upon mandatory rules -- means the government's actions, decision-making and the enforcement of those decisions, will be governed and bound by WTO rules, Yang said.
He said the nation is still busy analyzing its existing laws, regulations, codes and other policy measures to be sure they meet WTO requirements, although WTO agreements will not provide efficiencies in domestic laws and cannot be directly applied in China.
The State Council has abolished 12 administrative regulations, and drafts and revisions of more than 40 laws and regulations have been completed or are expected to be completed soon, Yang said.
Departments under the State Council will soon finish the revision or abolishment of some 1,000 administrative codes, he added.
Local authorities are also examining local administrative codes and rules under the order of the State Council, Yang said.
In terms of the formulation of new administrative regulations and codes, Yang acknowledged that drafting new legislation that does not exceed authority is the most important priority.
For example, he said, legislation on such matters as foreign currency, imports and exports, tariffs, customs valuation and trade remedies must be made by the central government. No restrictive provisions -- such as levying higher domestic taxes or fees on imports, demanding foreign-invested enterprises to give priority to purchases of domestic raw materials and keeping a balance of foreign exchanges -- should be made by either the central government or local government, as it is prohibited by the WTO.
Special economic zones, open coastal cities, economic and technical development zones, new and high-tech industrial development areas and bonded areas, should also ensure that local provisions and policies conform with WTO rules and commitments made by the Chinese Government.
Yang, who stressed the importance of legislation to increase transparency, pledged all laws, regulations and other measures related to the trading of goods and services, intellectual property rights, protection or trade-related investment measures will be published in an official journal.
There will be a period of one month or more between the publication of these legislative measures and their implementation, Yang said. Previously, most of the administrative regulations and codes came into force upon their publication.
Yang said a more democratic legislative process will be developed to solicit opinions from the general public, especially those to whom the legislation will be applied.
The Chinese Government will also stand by its commitment to explain the text, including inquiry points and information offering governmental views and explanations on questions raised by other WTO members, he said.
The government should implement its rules and regulations in a uniformed, impartial and reasonable manner, said Yang, who also underscored the importance of enhancing legislative supervision in order to avoid illegal and inappropriate local legislation.
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