Study And The Legal Deal With Technical Measures To Trade

To ensure that products meet the basic technical measures of consumer demand,when it is used as a tool of protectionism in international trade,it constitutes technical barriers to trade,the barrier properties represent international trade impede terms.When it is used as the international market access for trade in goods and guidelines for scale,it constitutes a technical measures to trade.Under the premise of not being in violation of WTO rules,the members of the world organization(including members from developing countries)achieve limit imports and protect the domestic market through the development and implementation of technical measures to trade.After China “joins WTO”,on the one hand,an increasing number of imported goods continue to impact our domestic market,on the other hand,the impact of foreign technical barriers results in China's foreign trade situation is grim.Since China's export market is mainly concentrated in the United States,Europe,Japan and other developed countries and regions that with typical technical measures to trade,understanding the characteristics of their technical measures to trade,and targeted investigate the further improvement our technical measures to trade from the perspective of legal response,should be a major concerned subject of China's international trade.This paper is divided into four parts.The first part,with the basis of a brief discussion on the concept and forms of technical measures to trade,compare the legislation of technical trade measures system in United States,Europe,and Japan,this part is mainly on theory carding and case study horizontally.The second part,started from the relative definition of "TBT Agreement","SPS Agreement" and ISO / IEC International Organization for Standardization's technical measures to trade,elaborate the current legislation of technical measures to trade system.The third part is based on the survey data of 2011—2015 under the guidance of AQSIQ on the nation's major export enterprises encounter of technical measures to trade,With China suffered the United States,European Union,Japan relative technical measuresto trade and countermeasures typical case analysis,discuss Trade impact of foreign technical trade measures on Chinese exports and Chinese legal implications.Fourth part,with foregoing theory,and comparison of analysis,from the legal system standardization,technical regulations,conformity assessment procedures,environmental trade,industry associations and the promotion of quality.etc such aspect,offer proposals to our response to the legislation of technical measures to trade.