The Research On The Legal System Of Agricultural Subsidies Of China Under The Wto System

Agriculture is the basis of one country's economic. It is not only relate to other industries, but also bearing on people's lives and social stability. At the same time agriculture is influenced by the external factors often, so the countries across the world are incline to support and protect the agriculture. In order to reduce and regulate the agricultural subsidies behavior of those countries and promote the development of the world's market liberalization, the WTO established the Agreement on Agriculture and other rules to ristrict the behaviors on agricultural subsidies conditionally and progressively. Thought China has adjusted some of the laws and regulations related to agricultural subsidies after join in WTO, there are many inadequacies whether on view of the integrity of this system or the security benefits effects. How to build a legal system about China's agricultural subsidies which is not only under the WTO framework of agricultural subsidies rules, but also can protect and promot the development of our country's agricultur steadily has great practical significance.The first part is a general analysis of the legal system of agricultural subsidies which focus on the definition, classification, reasons and the nature of the agricultural subsidies. It also introduces the contents of the agricultural subsidies legal system of related. In this part, the introduces focus on the origin and development of agricultural subsidies in WTO legal system and analyze the the main content and theoretical basis of the WTO Agreement on Agriculture, such as the market access, domestic support and export subsidies. agricultural subsidies are key economic measures on agricultural production and agricultural exports. Agricultural subsidies is one kind of commocial subsidies, so it has the same characteristics as other subsidies and its own particularity which is resticted by one country's domestic laws and WTO regimes. This chapter is the basis of the full text and summarizes the background of this thesis.The second part makes a comparative analysis about the agricultural subsidies of developed and developing countries, and summes up the advantages and inspiration of various countries in the legal system of agricultural subsidies. As developed agricultural countries, the United States and the European Union are innovative and advanced at the agricultural subsidies in legislation, system design and process operation of in the world. Brazil and India as developing agricultural countries, they take a lot of useful measures of agricultural subsidies to promote their own advantage and compete with the developed countries. By summing up the advantages of the agricultural subsidies legal system, China can learn experiences on implementation of the agricultural subsidies legal system.The third part analyze the influence on China's agricultural subsidies legal system after our nation take part into WTO. Through explain commitments on market access, domestic support and export subsidy of China made to WTO, it compare with the legal system of agricultural subsidies for the before and current situation. At the same time it analyze the China's current legal system of agricultural subsidies, so it summariz the defects and deficiencies of the agricultural subsidies according to the requirements of WTO system and our national conditions.The fourth part propose a lot of corresponding measures on national the country's agricultural subsidies law system. Agreement on Agriculture is a important agricultural subsidies legal documents to WTO member countries, so this section first analyzes China's position on market access, domestic support and export subsidies according to Agriculture Agreement, then consider some experiences of advanced agricultural countries and national production and national law, at last propose specific measures from domestic support and export subsidies by improving the legal system of agricultural subsidies.