Вступление Китая в ВТО и реформирование «экономического» законодательства

Российский юридический журнал. 2016. № 6(111). С. 167–175.

Mikheeva I. V., Loginovа A.

On the basis of the analysis of the Chinese legislation stages of his reforming under the influence of requirements of the World Trade Organization are considered.

Four stages of preparation of People's Republic of China for accession to WTO within which there was a transformation of legal system of China from 1982 to 2001 are allocated. The sources of the Chinese law making are presented and systematized as a basis of the economic legislation of the People's Republic of China at a stage of preparation of inclusion of China into the WTO. Attention is drawn to the peculiarity of the Chinese state power organization, in which there is no powers’ separation into three branches: legislative, executive and judicial. It has, in turn, allowed to mark out also feature of the economic sphere legal regulation in China connected with existence of such source of law in the People's Republic of China as the rules established by the Supreme National Court.To represent the dynamics of normative-legal regulation of foreign trade activities, China has used the system of dialectical and universal methods of knowledge; general scientific methods (induction and deduction) and techniques (analysis and synthesis); as well as a special method – formally-legal.Identified vectors of changes of legal support of domestic and foreign economic processes in China suggests the possibility to consider the experience of China in the promotion of Russia into the international trading community.

 

Keywords: Китай, рыночная экономика, Вступление в ВТО, China, национальное законодательство, market economy, внешнеторговая деятельность, national legislation, WTO accession, foreign trade activity