Research on export control(PDF)
《长安大学学报（社科版）》[ISSN:1671-6248/CN:61-1391/C]
- Issue:
- 2017年06期
- Page:
- 79-85
- Research Field:
- 一带一路专题
- Publishing date:
Info
- Title:
- Research on export control
- Author(s):
- HE Jing
- 1.China Great Wall Industry Corporation,Beijing 100054,China;2.School of Law,Peking University,Beijing 100871,China
- Keywords:
- export; export control; legislative purpose; National security; economic benefit; interest balance
- PACS:
- D999.2；D996.1
- DOI:
- -
- Abstract:
- Export control is a collection laws and regulations that impose special permits on the expert of certain goods and technologies. However, at present, the relative researches in the field of export control which contained the scope, definition, legislative purpose and interest balance of export were not adequate enough. Research applied a comparative analysis to compare the export legislation in the United States, European Union, Russia, China and India to discuss the scope of export, to clarify the definition and legislative purpose of export control, and to demonstrate the conflicst and balance of interests within export control. The research shows that the export control is legal system to set up conditions and examinations for specific export trade by legal means in order to achieve specific purpose. The export concepts include trade exports, deemed export, reexport, brokerage and so on; the application subjective of export control is export behavior, the application method of export control is regulatory act, thus export and control are two core elements of export control legislation, the starting points of legislation and the essences of interest conflict; the legislative purposes of export control legislation are national security and economic interest. Therefore, if different interest groups generate different interest demands, the priority should be given to national security and the economic interest should be taken into consideration at same time to achieve the purpose of adjustment by stepping up or easing export controls.
Last Update: 2018-02-07