The Research On The Issue Of Constructing Chinese Green Trade Barrier System

China has been confronted with a very severe situation after being the member of World Trade Organization(WTO) on December 11,2001. With the development of global economic integration, tariff barriers and traditional non-tariff barriers, constructed by some nations to protect their domestic markets, have gradually lost their effect. For this reason, an emergent non-tariff barrier, i.e. green trade barrier, emerges as the times require, and it makes a strong impact on the trade in our country, therefore, it is quite urgent to research and make use of green trade barrier.There are four chapters in this essay.In the first chapter, it defines the green trade barrier objectively. The green trade barrier is the law, the regulations, the policy, and the measure that one country establishes to protect the lives, health, and safety of human beings, animals and plants, and to restrict and prohibit import directly and indirectly to accomplish sustainable development and environment protection. The reason that the green trade barrier was formed is introduced in this paper. The main forms of representation are concluded: green tariff system, green technology standard system, green environment symbol system, green packaging system, green inspection and quarantine system, and green allowance system. And then the main features are analysed, they include mainly rationality of meaning, validity of formation, internationalisation, universality of range, science and technology, concealment of means and discrimination of effect.In the second chapter, it presents the juristic origin of green trade barrier, including international environment convention concerned with trade, environment exception clauses of GATT/WTO, and corresponding home legislation of all countries. Then it concludes that the construction of China green trade barrier system lags by comparatively analysing that of developed countries and China. On the other hand, the author holds that green trade barrier system takes great effect on our trade. Due to our imperfect system, export products have been seriously obstructed, and import products rush into our nation without barriers. It threatens the environment and economy of our nation. In this chapter, the author puts forward the serious problems that we are confronted with.In the third chapter, the author analyses theoretically the construction of our green trade barrier system. For the time being, the current relevant researches in our country emphasize how to confront and break overseas green trade barriers. Lots of scholars hold the negative viewpoint to green trade barrier, and analyse its bad effects too much. Due to that the mainstream viewpoint thinks the green trade barrier as one kind of discriminatory measure which advanced countries bring pressure to developing countries, emphasizes its sham and unbalance, and the green trade barrier of advanced countries indeed make lots of Chinese industries and enterprises suffer from it badly, the current Chinese scholars mention in excess how to object it, how to avoid it, and how to break it. The author think that the green trade barrier is the trend, is the inevitable result of social development, and can not disappear in a short period of time, moreover it shows a more and more strong tendency. The author analyses the legal foundation of green trade barrier and its law base, emphasizes the characteristic of validity of green trade barrier regulations. So the author include that although the subjective desire to cancel green trade barrier is good, in fact it is not practical. During the period of global economic integration, we cannot fence with other countries'green trade barrier regulations, and they have a great impact on our export trade for a long time. The only thing we can do is to make good use of green trade barrier regulations and to construct it as soon as possible.In the fourth chapter, which is the key part, it emphasizes how to construct our green trade barrier system. It mainly puts forward the idea from the aspect of legal system construction, including legislation and execution. That is, on the basis of full consideration of national conditions,by using the advanced experiences of developed countries, we establish the juristic system of environment and trade with Chinese characteristics, which mainly includes perfecting our country's environment standard system, environment authentication regulations, green packaging regulations, green tax regulations, and internality of environment cost through lawmaking. The author emphasizes to enforce the administration execution related with environment protection, to ensure the efficient accomplishment of lawmaking, to definitude the responsibility of various administration departments, to build the relevant management regulations, as well as to perfect inspection and quarantine measures and system. Come to conclusion, to perfect our green trade barrier system is beneficial to break the green trade barrier overseas, to enlarge export market, and to resist the effect on the environment and economy due to import and foreign traders'investment, to maintain the environment of nation, as well as to protect home market. In the meantime, the author points out that Chinese government should enhance the force of administration execution for the environment protection to ensure the implement of relative legislation efficiently, and to realize our nation's sustainable development.