Legal Research On Agricultural Products Trade And Environment Problem Of Developing Countries

The trade and environment problem has been the most urging proposal that human-being face. Agricultural production has natural relationship with environment and agricultural products are usually the most potential export products for developing countries. At present, developed countries execute all kinds of environmental measures to prevent agricultural products of developing countries from entering domestic market, which has made agricultural products trade and environment of developing countries become more obvious. It also became a serious barrier to China's development of modem agriculture, new countryside construction and the construction of harmony society."One research mode, two basic theories "is the theory basis of the research. Under the research mode of "subject and object uniformity", the author researched trade and environment interests harmony, developed countries and developing countries interests harmony, and preserve the reality of equal existence and development rights of developing countries, and promote the harmonious and sustainable development of the international society in the theory of interests harmony and sustainable development.In the area of agricultural products trade and environment, developing countries are facing resources plundering, pollution shift and environment trade barrier and so on a series of problems, in which the agricultural products trade environment barrier is especially the most stem. Although international legal system has made a series of regulations on this problem, but it still had many insufficiencies in many aspects. The developing countries are still facing many difficult situations, such as the weak foundation of themselves, massive agricultural products trade environment barrier implemented by developed countries as well as the deficiency of domestic and international legal system.On the basis of legal and realistic analysis, the author analyze the cases of"Shrimp—Turtle "and "Philippine sues Australia limiting the importation of fresh fruit and vegetable" from positivism analysis. The result is that the World Trade Organization as well as the entire international legal system hold quite discrete manner regarding the agricultural products trade and environment problem. It gradually starts to venerate the sustainable development value, and loosen the outside territory efficacy of environment potency and the PPMS issue, but the concern on developing countries is insufficient.The solution to developing countries agricultural products trade and environment problem is a complex theory and practical question. Which needs us to work hard mainly from the transformation and perfection of WTO mechanism, the construction of global coordination mechanism focusing on interests and interests mechanism, the sustainable development ability construction as well as the international cooperation and practice of developing countries. In the research, the author innovatively put forward the construction of global coordination mechanism focusing on interests and interests mechanism, the sustainable development ability construction for the first time. As a typical developing country, China is also facing serious agricultural products trade and environment problem. Economic law has close relationship with the theory of interests harmony and sustainable development。So the author proposed system responses in Chinese economic law on the aspects of subject legal system, market regulation legal system, administrative legal system and sustainable legal system as well as system responses of constitution, environment law, administrative law and international law.