Study On The Trade Remedy Of Anti-Subsidy

In today's world,Subsidy plays a very important role on a country's economic development,resource allocation,the adjustment of uneven regional development and achievement of social goals,but if a country use it inappropriate,it will distort the allocation of resources,damage to the interests of other trading nations seriously;As one of the three trade remedy,countervailing measures is a very good solution to the above-mentioned problems,but the improper use of anti-subsidy,it will do a great deal harm to the free and fair international economic and trade order.In particular, accompanied by the outbreak of the global financial crisis,on the one hand,a deal of countries make better use of subsidies to maintain the functioning of core industries to draw the economy from recession as early as possible;On the other hand,the rise of trade protectionism,the countries are also exhausted all trade relief means to restrictions on imports of other countries,the improper use of anti-subsidy will become a new trade barriers.Therefore,the regulatory of both subsidies and countervailing measure is equally important,the paper will unfold from the following aspects:Chapter one is the introduction of Subsidies and Anti-Subsidy.In this chapter,first from the view of Economics,Law and typical cases of DSB on Anti-Subsidy in practice to make a definition of Subsidy;second,make a discussion and analysis on the classification of subsidies;finally,analyze the following questions on Anti-Subsidy:the nature of Anti-Subsidy law,the characteristic of Anti-Subsidy system,the legislative history of international rules and domestic legislation.Chapter two discusses the Specificity Standard problems in SCM.This chapter does thorough study on the Specificity Standard in SCM from two aspects,which are the classifications and judgment rules.Then,analysis of the problems of the Specificity Standard Exception in SCM.There are also comments on the merits and limitations of the Specificity Standard in SCM in this chapter.Chapter three discusses whether the Anti-Subsidy is applicable to "Non-Market Economy" and "the Developing Country".Firstly,from the view of international rules, domestic legislation,typical cases of DSB on Anti-Subsidy in practice to analysis whether the Anti-Subsidy is suitable to "Non marketed Economy",then,the conclusion is that Anti-Subsidy is also suitable to China.Secondly,discuss the rules-Special and Differential Treatment on developing member countries,whether these rules are implemented and what kind of scheme developing member countries should put forward to benefit from differential treatment and transitional arrangement.Chapter four introduces the present Anti-Subsidy situation to China and explains why there are so many Countervailing Investigations to China.And analyze some problems of Anti-Subsidy to china and put forward our counter measurements.Finally, analyze the legislation and administration of the countervailing duty law while counteracting subsidies of other countries,the author' suggestions on shortage and perfection of China's Anti-Subsidy law are also provided in this chapter.