On Chinese Entry-exit Plant Quarantine System Innovation Under The WTO Regulation

Entry-exit plant quarantine is those measures related to prevent thespread of diseases, insect pests, dangerous weeds or other harmful organismsfrom transmitting between countries or areas by taking law, administrationand technique methods to ensure safety of the agriculture and forestryproduction, furthermore, to promote the development of trade. Presently, it isabroad used not only in agriculture protection, but also as non-tariff barriersby most countries in the world to limit the importation of foreign productionand control their import-export trade. In the 1940's, some major commercialcountries signed General Agreement on Tariffs and Trade (GATT) includingAgreement on Produce, for the purpose of accommodate the negotiatingplace to cut down tariffs or reduce trade barriers. After that, GATTconcentrated several effective conference. As a important fruit, Agreement onthe Application of Sanitary and Phytosanitary measures (SPS) has beenseparated from the Agreement on Produce till the 8th conference. The tenet ofSPS is that "necessary measures taken by any members to protect human,animal or plant life or health, which shouldn't be prohibited, but in the sametime, it couldn't lead to random or abnormal discrimination, and limit normalinternational trade."SPS plays a significant role in the protection of humanlife, economic advance, and the negotiation of quarantine, and all of WTOmembers must abide by it. Since Chinese acceded to WTO, the quantity ofimport-export plant and its product has been speeded up sharply. On the onehand the hazard of harmful organisms increased; on the other hand, plantimportation should face to difference challenge on plant quarantine fromother countries. Along with the further reduction of tariffs and non-tariffbarriers, plant quarantine will be widely used as a kind of limited measures inimport-export trade. The quarrel about produce trade and plant quarantinewill become more frequent and tense. Chinese quarantine measures must beopen, transparency, internationalization and standardization in order toimplement SPS and gear to the situation and minimize the influence of abovefactors. As to a administrative staff taking plant quarantine ,it is important toconduct a comparative study in plant quarantine system between the relatedrules of WTO/SPS and Chinese system, find problem and deficiency, and putforward reformative advice.At the beginning of this thesis, the author brings the related provision ofWTO/SPS and Chinese entry-exit plant quarantine system before concedingWTO into powerful, meaningful confrontation. Then by historical analysis,the author finds four problems in Chinese entry-exit plant quarantine systemincommensurate to WTO/SPS, which are overlapping of quarantinefunctional organization, exact obedience being not watch with laws andregulations, there being no uniform standard of quarantine measures, andbeing not completely consistent with international common measures, etc. Inorder to provide innovative suggestion, the author goes to the root of thecause by detail analysis. The third part of this thesis is to positively analysisand systemic conclude pure endeavor and achievement of Chinesereformation on entry-exit plant quarantine after conceding WTO, especiallyon construction of administrative institution, emending of technicalregulation, transformation of supervisory patterns and Establishing of newsystem. In the fourth part, the author speaks well of principle of Chinesereformation on entry-exit plant quarantine system. But there are still someproblem which must be resolve quickly. The author breaches present thoughtsand put forward his innovative suggestions which have two aspects.Macro-aspect is about comprehensive and systemic reformation, such as,constituting uniform legislative mode of plant quarantine, being a member ofIPPC and other international organization as soon as possible, especially givesome advice at making use of developing country favorable articles andescape clauses and the "gray region"of WTO regulations, working hard toelevate domestic quarantine technique level and keep up with internationaladvanced technique. Micro-aspect is about implementing entry-exit plantquarantine measures. It's essential to establish harmonious institutes by...