On Legal System Of Agricultural Subsidies In China Under WTO System

As we all know, agriculture has the defect of easy being influenced by the natural environment, at the same time, it is politically or economically vital to a nation, so most countries in the world adopt the means of subsidy to make advocacy for or work toward protecting agriculture. In order to lighten the side-effect of agricultural subsidy, Agreement on Agriculture of Uruguay set a framework that decided to make a gradually restrain on agricultural subsidy. It has always been a focus of every country's interest that how to formulate domestic rules of agricultural subsidy which can not only conform to agricultural subsidy rules of WTO but also protect the steady development of agriculture. Especially in China who has just joined into the WTO for a short time, this problem deserves our perseverance research. In this dissertation, tentative analysis is made to this frontier subject on the basis of present theoretical and practical achievement.The logic structure of this dissertation is as follows:Chapter one: outline of the agricultural subsidy rules under WTO. This chapter mainly analyzes reasons of the existence of agricultural subsidy, the impact of agricultural subsidy on agricultural product trade throughout the world, and expound how the agricultural subsidy rules of WTO came into being, and it also analyzes and evaluates the rules at great length. This section, which makes outline in background knowledge for the following te xt, forms a basis of the whole article.Chapter two: China's joining into the WTO and Chinese policy on agricultural subsidy. This chapter evaluates China's promises made to the WTO, the influence of China's joining into the WTO on its agriculture, and it also analyzes the chief features, flaws, improving ways of our policy individually. Because policy is the soul of law, so the choice of policy guides the general direction of legislation. This section aims for changing the focus from international rules to domestic reality.Chapter three: General introduction of present legal system of China's agriculturalsubsidy. The part shows my tentative idea about the reality, the shortcoming and the general thinking of China's legal system concerning agricultural subsidy.Chapter four: Research into the concrete system of the agricultural subsidy law of China under WTO. The chapter makes careful study on China's legal system of agricultural subsidy .It arranges the thorough study under four main heads, that is subsidy legislation on macro - control, agricultural cooperative organizations, agricultural product market management and agricultural environment.The explorative research of the dissertation includes:First, most of the existent accounts about legal system of agriculture subsidy are very narrow in the research slant, or agriculture experts study various policies from the standpoint of agriculture economics but utter a few words on agricultural legal system, or professors of jurisprudence is enthusiastic over building simple frame legal system, ignoring the existing agriculture circumstances. In brief, in most articles, research combining agricultural economics with jurisprudence is seldom available. I try to make something original in this count.Second, this dissertation propose a theory framework that considers we should improve our legal system of agriculture subsidy by emphasizing government macro -control, improving government's market management ability, developing the level of peasants' cooperative organizations, strengthening protection of agricultural environment. This unite theory is refined from the existing research results.Last, in the WTO consul - general meeting held in Geneva on 1 August, 2004, a 17 pages Framework Agreement of Doha Round passed. The framework agreement will become the foundation oi the following global negotiations. I blend the periodic negotiation fruits into this dissertation, and I also study how to manage the new subsidy rules of WTO (hat may arise in future.