A Comparison Of The WTO Subsides Rule And EC State Aids Rules

WTO subsides rules and the EU State aids rules apply in a wide internationally range and are relatively perfectly. Domestic government subsidies of the EU Member States are called "state aid" to limit the area of competition policy rules, the adjustment for a competition law does not belong to the field of international trade. WTO subsidy rules GATT19946,16,"Agreement on Subsidies and Countervailing Measures","the General Agreement of Trade in Services"15and "the Agreement on Agriculture" the relevant provisions. Subsidies and EU aid to countries that are state of the domestic enterprise or industry to provide financial support. Both the scope of application, identification, classification, and monitoring and relief measures have similar provisions, but there are also many differences, such as:the scope of application is different and some cross; the WTO on the concept of "subsidy" than European Community Law, the concept of "aid" to narrow; the national assistance Act remedies more stringent than the "Agreement on subsidies and Countervailing Measures". Through the comparison between the two, on the Improvement of the subsidies and countervailing legislation, as well as the countervailing actions of the United States and Europe has a larger significance.The first chapter compares the applying scope of the WTO subsidy rules and the EU State aid rules and their identification. The scope of application of the National Assistance Act should be broad in the "Agreement on Subsidies and Countervailing Measures". Section87.1of the EC Treaty applies not only trade in goods also applies to trade in services,"the General Agreement on Trade in Services" Article15only provides, a member of the General Agreement on Trade in Services should be negotiated to develop the necessary multilateral disciplines, to avoid the distorting effects of subsidies on trade. Both in concept, the main identified, the identification of benefits and burdens, the specific nature and form of recognized are different. Chapter Ⅱ, a comparative study of classification, monitoring system, as well as relief measures from the two rules. The third chapter in the current situation and existing problems of China’s subsidy system, draw opinions, as well as through the analysis of certain state aid constitute actionable subsidies under the WTO anti-subsidy investigations, if you cause damage can also be brought to the EU.