Legal Analyses On The Measures Of Technologic Trade Barrier

With the development of economic globalization and trade liberalization , traditional trade protective ways by means of tariff have been replacing gradually by the measures of technologic trade ,which are more hidden. The forms of the measures of technologic trade include mainly technologic statutes , technologic standards, standard evaluation procedure ,procedure on examination and quarantine of commodities, package and labels, etc. A country is entitled to perform technologic statutes and standards based on the legitimate aims of protecting the safeguard of its country ,preventing cheating acts, protecting personal health and safeguard of its people as well as its environment in accordance with the relevant regulations of WTO and TBT, which are also the basis for many countries who are taking the measures of technologic trade. The measures of technologic trade barrier have certain causes of formation and tendency of development, which are becoming more and more obvious in restricting our country's foreign exports. According to some statistics, nearly 25.1% goods of enterprises have been affected by the measures of technologic trade abroad and the direct loss suffered has reached totally 28.03 billion. The measures of technologic trade have been the main barrier to our exports. With the increasing shares of our country in the worldwide trade , the measures of technologic trade abroad will interfere with our enterprises in a very long time. The measures of technologic trade barrier of the developed countries, representing the present highest levels and tendency of development in the world in such characters as rationalization in name, legalization in forms, harsh conditions, complicated forms, hidden measures, discrimination in contents and in wide range , need our serious researches. The present main problems of the measures of technologic trade in China are: the technologic statutes are not systematic, there are only general guiding policies in environment marks, green package as well as green governmental purchase and even there are some blanks in such policies and laws: There is also the poor foundation of the work of standardization which reflects fewer standards, lower rate of transform of standards, lower rate of taking such standards, longer period of modifying standards, the older standards, the lack of higher and newer standards, fewer standards in service trades, agricultural standards not systematic, the lower effectiveness of standards'evaluation, etc. The main problems existed in dealing with the measures of technologic trade abroad are that we are not quite familiar with or haven't effectively apply to the relevant rules and regulations of WTO or haven't a clear realization of the effects of the measures of technologic trade abroad. We need to strengthen the work of evaluation towards the circulars abroad, The information collected by our relevant organizations and enterprises are still not sufficient ,the connection between our government and relevant organizations are not enough. The government and relevant organizations should adopt suitable measures, making and modifying the measures of technologic trade rapidly, developing the quality of goods , taking reasonable and legitimate measures to deal with the trade frictions caused by the measures of technologic trade and protect economic interests of our country.