Research On The Legal System Of Technology Import And Export Of China After Entering The WTO

Accompanied with the speed up of economic globalization and the pace of free trade, the non-custom Barrier, such as import quotas, has been restricted increasingly. On the contrast, the technical measures to trade, which take technical rules, technical standard, certification system, inspection system as its main contents, has impacted the free development of international trade. And these measures cannot avoid to be abused by the power of respective political and economic interests of varies countries. Although the import and export of our country has developed greatly, the system of the administration on import and export is not perfect. The current laws and regulations cannot meet the need of the administration on import and export, also some items of it cannot accord with the rules of TRIPS under WTO frame. The article analyzed the concrete rules of some international treaties related to the technology Import and export under WTO frame, such as the TRIPs, the TBT, the SPS and the ITA on the foundation of analyzing some basic issues of technology import and export. The article also analyzed the effects, advantage and disadvantage on our technology import and export impacted by these international treaties. Then the author reflected the realities, the existent deficiencies, the future developing trend also with the needs of developing of China's enterprises, and on this base, the author researched several deficiencies and problems of the'Foreign Trade Law of the People's Republic of China'and'Regulations on Technology Import and Export Administration of the People's Republic of China'in their application. In the end, the article put forward some suggestions on the future development of the technology import and export of China from five aspects. That is, perfecting the laws and regulations on technology import and export of our country, establishing the advanced standard system of our country, improving our country's abilities to participate in enacting international technological standards, achieving multi-import market, and taking the way of from introducing to absorbing then to innovating in technology import and export.