Chinese Countervailing Legislative Research

This essay will analyze the status quo and main problems of the countervailinglegislation of China, and provide suggestions for future perfection of thecountervailing legislation by learning from advanced legislative experience of WTOand foreign countries. Besides the preface, this essay is composed of the followingfive chapters:Chapter One first discusses the definition and classification of subsidies andcountervailing measures and then analyzes the two opposite effects of both subsidiesand countervailing measures from legal perspective.Chapter Two analyzes the evolution progress of some important international anddomestic rules in this area, i.e., the U.S. and EC countervailing duty laws and theGATT/WTO rules. And then discusses the binding force of the WTO rules oncountervailing legislation of China.Chapter Three first analyzes the status quo of subsidies of China and then analyzes thecurrent sources of countervailing legislation of China. Four layers of legal documentsregulate this area at present, i.e., law, regulation, departmental rules and judicialinterpretations.Chapter Four analyzes the main problems existing in the current countervailinglegislation of China. It firstly discusses the order of the countervailing legislation andthen discusses the shortcomings in both substantive and procedural regulations.Chapter Five provides suggestions for future perfection of the countervailinglegislation of China which include partial modification and supplement of the presentCountervailing Regulation, lawmaking in ancillary laws and regulations andabolishment of improper legislations regarding subsidies.