The Study On Public Body From US Countervailing China Cases In WTO DSB

SCMA stipulated the definition of subsidies in article 1.1(a)(1), subsidies for the body of the specific as follows: the government, public bodies and private bodies.However, what is "public body" sparked debate in the world.To determine whether there is a subsidy, it is essential to determine the subject’s nature, thus clearing the definition of "public body" has the vital significance."Public" has the meanings of "communal and common " and China is a country of the socialist market economy, and "public ownership as the main body, different types of ownership economy common development" and, since the reform and opening-up, China has have experienced a rapid economic development, especially after China join the world trade organization(hereinafter referred to as the "WTO"), Chinese economy is beginning emerge on the international stage. Chinese saying: a tall tree catches the wind. So, China has to face the countervailing investigations about "surveys of the public body" of the other contracting party.There is no unified definition of "public body" in international, however, two theories of the determination of "public body" in the judicial practice are formed in the WTO dispute settlement body(hereinafter referred to as the "DSB"). The two theories in the DSB of WTO anti-subsidy cases of China and the United States are detailed in this paper. For Chinese better development in the international arena and to formed a unified standards about a "public body" as early as possible to reduce the disputes between states parties, this paper analysis the "public body" in the anti-subsidy cases of WTO DSB about China and the United States.This paper is divided into four parts: The first part is about the overview of controversial overview of controversial of WTO DSB, summed up the theories of the international judicial practice of "public body". The second part is mainly about the rules of the relevant laws and regulations on "public body". First of all, illustrates the rules of SCMA about "public body " and then analyzes the importance of "public body". Thirdly is to make a brief narrative of the two identification theories of "public body" and the meaning of the dictionary about "public body" are studied. The last part introduces the anti-subsidy laws and the identification about "public body " of the United States, China and the European commission. The third part specifically describes the anti-subsidy cases of WTO DSB about China and the United States, and the explanation and analysis of the "public body" made by China, the United States, the panel and the appellate body to make a clear definition of the theories of the second part.The fourth part is the conclusion of the analysis of the case, so that China can easily deal with the United States similar countervailing investigations to China.