Discussion On The Trade Measures Related To The Prison Labor Products Under WTO And China's Countermeasures Of Prison Production

Prison production is a special Material production which is a very important part of the Prison System. Its management body is Prison Agencies and the main labor is prisoners. Prison production means differently in countries. In China, Prison production takes the responsibility of education and prison operation. Usually In the west of the world, Prison production is used to resolve the employment of prisons and the material production. No matter what the purpose is, Prison production means a lot to the counties.First of all, the article introduced the situation and the legislative attitude to the Prison production of the countries. Because of the characteristic of the Prison production, some countries reject Products of Prison Labor in order to protect their domestic economy, or criticize the situation of human right in other countries under the mask of protecting it. So the international market also adopts the measure to reject Products of Prison Labor."measures that related to the product of prison labor", the (e) item in the 20th article of GATT1994,offers the countries a privilege in the international trade, which said the country can adopt the measure to the Products of Prison Labor without the limitation of duty under the WTO.Under common circumstances, International Law includes relative contents to be quoted, however,"measures that relate to the product of prison labor", the (e) item in the 20th article of GATT1994 is an exception. That is the only statement which is roughly presented in the whole system of international trade law, and there is not a detailed and uniform illustration on the definition, principle and the procedure. This article will resolve this problem by discussing"the Purpose","Relating to","Standard of Estimate"and the Legality of the Procedure.Prison production in China has its own character and problems in mode of production and operation, As a result, frictions and controversies have occurred in practice among nations, especially between China and the US. So China has to sign the"U.S.-China prison labor memorandum of understanding (MOU)"and"Statement of Cooperation on the Implementation of the Memorandum of Understanding Between the United States and China on prohibiting Import and Export Trade in Prison Labor Products."The article will also discuss the countermeasures of our country.