Establishment Of Chinese Legal System Of Agricultural Subsidies In The "Agreement On Agriculture" Framework

Agriculture is an important human source of material existence and the most important industry of human existence and development. Because of the constraints from Inferiority as agriculture itself, many countries have adopted a range of agricultural subsidies on the agricultural industry for support and protection.For a long time, China's central authorities have taken the form of introduced policy documents to implement the agricultural subsidies, but the policy is not as powerful as the legal binding force and coercive power, and the shortcomings of the policy are stage presence and easy changes, this approach has been questioned by domestic scholars. Therefore, this article will propose some suggestions on how to implement our agriculture subsidies under the WTO framework, and how to build on our legal system of agricultural subsidies by analyzing the "domestic support" of the World Trade Organization Agreement on Agriculture, summarizing our policy of agricultural subsidies and referencing to agricultural subsidies in the United States legislation.In addition to the introduction and conclusion, the body part is divided into five chapters:The first chapter analyzed the meaning of the "subsidy". By referencing the controversies produced in the process of drafting the "Agreement on Agriculture", and defining the links and differences between agriculture "domestic support " and "domestic subsidies", this article cleared the meaning of "agricultural subsidies" which is used in our government documents in the WTO "Agreement on Agriculture".Chapter II summarizes the "exempt from reduction of agricultural support policies "and" subject to domestic support reduction commitments binding policy " in the WTO "Agreement on Agriculture". This article by analyzing the case of cotton subsidies between Brazil and United States, further explained the content of domestic agricultural support policies.Chapter III summarized the details of the central government since the 2004 policy document issued, specific categorized the China's agricultural subsidies and summarizes the relevant country and the legal system of agricultural subsidies.The fourth chapter emphasized the establishment of the legal system of agricultural subsidies is the inevitable result which is in line with the requirements of international law and domestic law, and China also already has the conditions of establishing the law of subsidies.The fifth chapter is about the constructing legal system of agricultural subsidies under the "Agreement on Agriculture". In this chapter, this article analysis the usage of "American Agricultural Law of 2008", and bring the "amber box " subsidies and the "Green Box" subsidies which have be found in China in the "Agricultural direct subsidies Act". On the other hand, accordance with the classification of domestic support which are exempted from reduction commitments in the Annex II of "Agreement on Agriculture",this article made some recommendations on the Legislation of our agricultural subsidies.