Study On Legal Issues Of Subsidy And Anti-subsidy In China Under WTO Legal System

The issue of subsidy includes two aspects, one is subsidy, and the other is anti-subsidy. Countervailing measures rule regulates the subsidy and the anti-subsidy. SCM agreement not simply regulates the subsidy conduct of the government or purely takes countervailing measures. The agreement of SCM regulates the subsidy and anti-subsidy at the same time, and stipulates strictly the countervailing measures and its procedures. Therefore, subsidy law, especially international integrated anti-subsidy law ,plays an important role in balancing the relationship between subsidy and anti-subsidy.With the export increasing and the large trading strong country establishment in China, the export products in China are facing with more and more investigations. All the evidence indicates that the investigations of countervailing measures are raising. So the government and the enterprises should make full preparations for the anti-subsidy suits.The article introduces many methods such as the method of historic analysis, of law economic analysis , of comparative study and of pragmatic analysis. The article based on the legislation of subsidy and anti-subsidy,discussed the countermeasure of our legislation under anti-subsidy towards China conditions through analyzing the SCM agreement. The article is composed of four parts :Part one: Summarization of subsidy and anti-subsidy, including concept of subsidy ,classifying of subsidy ,reviewing the history of international subsidy development and rules evolving .Part two: The article analyzed the SCM agreement from two aspects of the entity and procedure. SCM agreement made the comprehensive and systematic stipulations. Comprehending fully SCM agreement make the theoretical basis for the article.Part three: The article illustrated the reality of our country encountering international anti-subsidy and analyzed the urgency of perfecting the anti-subsidy legislation through explaining the anti-subsidy situation of the Europe Union and the United States,Canada towards our country.Part four: This part explored the countermeasures through legislation from subsidy and anti-subsidy.