The Explortion Of China’s PV Products Coutervailing Trade Disputes:on The Legal Thinking Of China’s Renewable Energy Of Countervailing Measures

As one of the most important renewable energy sources, solar photovoltaic industry gets a great deal of political support from nation to local area, such as "Golden sun demonstration project","Solar rooftop plan","Exemption from income taxation for first two years, Reduction half for next three years","Energy special fund of Shandong province", Eleventh Five-Year Plan for photovoltaic industry of Jiangsu province". The solar photovoltaic industry of our nation is developing very fast and China has been the biggest producer of photovoltaic product.90%of national solar photovoltaic products are for export and the European and American market is our biggest export regions, which account for more than70%export share. However, China’s national solar photovoltaic industry has been suffering trade relief measures from the year of2011, involving a large amount of money, impacting a wide range. Therefore, analysing solar photovoltaic industry subsidies which is the representative of renewable energy subsides and forwarding counter-measures is very important.First, in order to clarify our current situation of suffering countervailing measure on solar photovoltaic products, the thesis introduces solar photovoltaic products and two cases-"The anti-subsidy cases of the crystal silicon solar photovoltaic battery and components between China and America","The anti-subsidy cases of crystal silicon solar photovoltaic components and parts between EU and China". Second, the thesis discusses the SCM agreement of WTO, sorts out the subsidy regulations about China’s solar photovoltaic products and analyse the compliance of WTO subsidy regulation for our photovoltaic products subsidy rules. In the meantime, it analyse the disfigurement of WTO subsidy regulation of renewable energy sources, including article8of SCM agreement and article20of GATT1994. At last, in accordance with the legal question on domestic regulations and WTO regulations, the thesis brings forward six proposals from domestic and international levels. On the domestic level, we should "Avoid direct financial support""Avoid specific funding","Avoid forbidden subsidies" and "Strengthening the construction of renewable energy subsidy system". Internationally we have to "Promote the perfection of renewable energy subsidy system under WTO framework","Take full advantage of WTO dispute settlement mechanism to settle the disputes of renewable energy sources countervailing measures","Counter measures","Seek relief through foreign judicial review" and "strengthen anti-subsidy measures rules in the bilateral FTAV"...