Study Of The Legal Regulation Of The Wto Agricultural Subsidies

On the way to pursue agricultural trade liberalization, government intervention and protection to agricultural trade become an obstacle, basis on fundamental quality, weak quality and public quality. The urgent problem is how to regulate efficiently the increasing agricultural subsidies under WTO.URAA is the first one that shapes up the WTO rules of trade in agricultural product. It is of historic significance and influence over the regulation of agricultural subsidies. But we should realize its limitation: Green Box includes too much but without top limit; Blue Box is illegal but the result of political compromise; the two box are used to avoid the reduction of Amber Box; Grain aid, which is a way to dump a large surplus of grain, needs more specific rules; Non-trade concerns is a new issue in Doha round and it can be realized by Green Box.After entering into WTO, Chinese agriculture must seize the opportunities and meet the challenges. In the respect of agricultural subsidies, we must pay more attention to the research of WTO rules of agricultural subsidies. According to the WTO rules and our pertinent commitments to agricultural subsidies, we have plenty of room for carrying out our agricultural subsidies. Meanwhile we must adopt the reasonable and effective agricultural subsidies measures, and adjust the structure of every Box and the level of support. Moreover, we must unite the other developing countries to maintain our common interests.Part one is the summary account of Agricultural Subsidies. Firstly, we define the subsidies, including essential concept and legal concept. Secondly, we explain reasons of the existence of Agricultural Subsidies. Finally, we discuss the definition of Agricultural Subsidies under WTO, including the definition of Agricultural Subsidies and the characteristics of domestic support and export subsidies. The part is the basis of the paper.Part two is the Rules of Agricultural Subsidies under WTO. We mainly interpret the rules of Agricultural Subsidies under URAA and regulation of new issues in the eyes of the law. One hand, we discuss the rules of traditional measures-- export subsidies and domestic support, and point out their holes and defect ;One the other hand, to the new issues on Agricultural Subsidies, the background and the root of grain aid and non-trade concerns is explained, and we put forward how to regulate them. This part is the most important and difficult one.Part three is the Influence of WTO over China's Agricultural Subsidies .Firstly we analyze the influence of WTO over the developing countries .Secondly, we mainly show the commitments to Agricultural Subsidies when China enter into WTO. Finally, we propose how to establish a set of system Chinese Agricultural Subsidies according to the pertinent commitments and our national conditions. We put forward our own opinions on the adjustment of China's Agricultural Subsidies policy.Part four is the Issues on Agricultural Subsidies in Doha Round and the Outlook of its Developing Process. Although the new negotiation moves on slowly, there are some achievements including the 'July package' and Hong Kong Ministerial Declaration. We briefly explained their limited effects. Then we give the summary account of different opinions on Agricultural Subsidies, and propose China's due attitude and position on this issue. At last, we briefly discuss and take a long view on the new negotiation.