Legal Research On The Determination Of Subsidy Under WTO Rules

Subsidy and countervailing is a deep-rooted problem, but in international trade practice, the WTO members use it less as the measures to protect domestic trade, one of the main reasons is that affirming subsidies is a complicated process, and many countries have strong concealment subsidies and take evidence is very difficult. In the international background of full-blown financial crisis and economic recession, protectionism has a rise and gradually increasing trend, and countervailing measures must also grow in number. And the premise of countervailing is that find the existence of subsidies, this paper analyzes the definition of subsidies and its elements from the combination of international and domestic law, then, discusses the revelation to our work on subsidies in our country, thus plays a vital role in the research on under the WTO subsidies of legal problems.There are four chapters in this paper. Chapter one is a summary of subsidies'definition, which analyzes subsidies'definition in economics and law. It mostly indicates the definition of subsidies and major members'laws about the provision of subsidies'concepts in Agreement on Subsidies and Countervailing Measures. Chapter two analyzes the elements of affirming subsidies in Agreement on Subsidies and Countervailing Measures. It separately explores three elements in its subjects, forms and effects: the subjects to provide financial aid, the forms of financial support and the results of granted the interests, and analyzes the special circumstances as a single section in the process of affirming the granted interests——interest conductivity, in order to make overall and detailed study to interests recognized. Chapter three is the legal research of specificity standards. It, as a filter to affirm subsidies, plays a vital role in subsidies and countervailing, and utilizing it can filter and screen the subsidies to exclude legal and rational behavior of government subsidies. So this paper puts legal problems of specificity standards as a single part to make profound thinking from drawing into specificity standards into its provisions in Agreement on Subsidies and Countervailing Measures, to its practical application in the U.S.A. Chapter four is the enlightenment to strengthen our subsidies work. Our country starts the work on subsidies and countervailing lately, not forms a relatively complete system, always passively accepts countervailing investigation from other members in nowadays, and not actively affirms other countries'subsidies. So this part from the case that foreign countries identifies subsidies of Chinese products, discusses the legislation of affirming subsidies in our countervailing legal system and its improved in order to lay the good foundation in our work of affirming subsidies.