Legal Issues Of Technical Trade Measures

With economic globalization and trade liberalization process is speeding up, and non-tariff measures being increasingly constrained and limited, Technical Measures to Trade highlighted, and the growing influence and role. Its name is the reasonableness of the form of legitimacy, the content of the complexity of the means of the hidden nature and the use of the characteristics of flexibility, they can easily be used by trade protectionists, and form an unreasonable barriers to trade. In view of international trade protectionism and the new characteristics of China's foreign trade faces new problems, and I believe that it is very necessary in-depth study of Chinese Technical Measures to Trade system problems, and study the building of Technical Measures to Trade developed countries of the experience.This paper aims to organize at home and abroad on the basis of study of Technical Measures to Trade now to do a more comprehensive study on the collation, improve the technical feasibility of proposed trade measures proposed system, in order to promote the health of China's economy, rapid development and the protection of national industrial safety.This paper is divided into three chapters:The first chapter is on Technical Measures to Trade theoretical research. Specific content is divided into five, the first quarter is a technical definition of the concept of trade measures, the distinction between technical barriers, technical barriers to trade and the concept of technical trade measures, In this paper the author of the technical measures to limit trade in the "TBT Agreement" the technical standards, technical regulations and conformity assessment procedures; section on the selection of technical trade measures, development, and also introduced its popular reasons for the third quarter trade measures on the technical characteristics of the fourth quarter on specific technical standards, technical regulations and conformity assessment procedures; Section V on the country's system of technical trade measures and the status of the problems that exist.The second chapter is typical of developed countries on Technical Measures to Trade referred to the commentary, mostly in the United States, the European Union and Japan. Specific content is divided into three, the first quarter is typically developed technical standards referred comment section is typical of developed countries Review of technical regulations, the third of the typical quality assessment procedures developed by the assessment.The third chapter on the technical improvement of China's system of trade measures, this is the innovation of this paper. This chapter is divided into two, sect on the Improvement of the Technical Measures to Trade on the principle of the system, the author proposes strengthening the national industrial safety, with the implementation of "intellectual property strategy" opportunity, in strict accordance with the "TBT Agreement" the use of technical standards and the concept of technical regulations, and this in the framework of China's system of Technical Measures to Trade, the use of TBT for developing countries special treatment provisions, the training of professionals; Section II respectively of China's technical standards, technical regulations and conformity assessment procedures for the perfect made specific recommendations, such as technical standards, and proposed the establishment of a scientific and rational system of technical standards to speed up technical standards revised and updated and active use of international standards speed up, and master the international standards, such as the power to draw up the content of the technical regulations, the technical regulations put forward their understanding of the development of the national economy the importance of the correct application of technical regulations dealing with the concept of reasonable technical regulations and technical standards and the relationship between the quality assessment procedures , the proposed legislation should be the main Unified authentication, a rich system of quality assessment procedures, as well as with other countries to establish mutual recognition system.