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Due to the complexity of international trade and the special status of unique taxation zones, the operation and control of free trade port zones may differ in the application of legal provisions due to their interpretations. This may be why the development of free trade ports is difficult. First, it is difficult to apply a set of standards to all trade operations, second, laws and regulations cannot be amended quickly or simultaneously, third, companies often do not make public their cases and withdraw after suffering losses. These three reasons make it more difficult to find solutions to the problem. Therefore, this article explores the disputes that have occurred in the free trade port domain, and discusses the issue of the free trade port area from court precedents and reasons.
In the case study of cargo movement in the port area, the port enterprise cooperated with the customs management to handle export declarations in its own name for the "cargo exporter". This makes the industry bear the legal responsibility for unfairness, which needs to be corrected by laws and regulations.
In the case of machinery and equipment in the port area, due to the obvious differences in the movement and operation of machinery and goods in the free trade port area, the same laws and regulations are adopted for customs clearance. It is prone to conflicts in practical operations. The regulations should also be carefully followed to jointly maintain the operation of the free trade port area.
After discussion, this research puts forward suggestions for appraisal adjustments and future amendments:(1) The difference in legal status caused by the port industry as the nominal exporter of goods needs to be supplemented by the laws and regulations. (2) In the event of smuggling, the actual smuggler should be pursued, and the industry should not be punished first. The industry can claim legal injustices through infringements. (3) If it is confirmed that there are infringement facts that have been punished for smuggling by a third party, the law should be amended to return the industry to innocence and exempt the punishment from the punishment in the legal relief procedure. (4) There are significant differences between the machine tool movement and operation of goods in the free trade port area. It is recommended to study and discuss laws and regulations that conform to the practical operation mode. (5) Port industry operators need to strengthen their knowledge and compliance of relevant operating personnel's laws and regulations. The appropriate authority should provide special courses for guidance and improvement. (6) My country's port area is a controlled area. Since the free trade port area is not limited to the operation of free trade cargo (cabinet), it is recommended that the scope of the mobile and operation range of the machine be expanded to the port area. (7) Violation and smuggling are different acts in the law. They are all transferred to the Anti-smuggling Regulations to impose penalties and equipment confiscation. There are concerns about excessive penalties and inconsistent legal principles. It is recommended to amend the law to distinguish them.
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