Research On The Legal Issues Of Environmental Subsidies In China

Subsidies and Countervailing Measures, has been one of the biggest topics of internationaltrade and economic development of countries in the dispute, as an important system under theWTO rules, subsidies and countervailing measures on countries economic and trade have asignificant impact.With the voices around the world to protect the environment louder and louder,as an important environmental issue of subsidies subsidies are increasingly affected by thecontent of one of our attention. In recent years, China has published a number of policies onenvironmental subsidies, it has been great development, but it is inevitable that China’senvironmental subsidies there are still many problems, the most prominent is that China’senvironmental subsidies mostly based in the form of administrative documents to regulations,administrative intervention by the government is very serious, and the lack of effective legalprotection, so that China’s lack of environmental subsidies exist in law, this article is forenvironmental subsidies to expand the legal aspects discussed.The main idea is, first, to our environmental subsidies for general overview, so that weunderstand the current situation of China’s current environmental subsidies, then find out whatthe legal aspects of the presence of absence of environmental subsidies, such as many of theenvironmental conditions of the subsidy policy formulation process unreasonable, sounreasonable competition phenomenon among enterprises, many subsidies subsequent regulationin place, the lack of necessary supervision measures, making use of subsidies chaos cheatenvironmental subsidies, misappropriation of environmental subsidies phenomenon, wheninterest subsidies to enterprises or individuals when damaged, there is a lack of the necessarymeans of relief, making the victim nowhere redress, etc., this series of problems, legal problemsof environmental subsidies constitute the author to introduce exists; Then, the authors addressthese issues, one by one, and put forward a number of measures to improve rationalization,hoping useful discussion on China’s subsidies for environmental issues. Therefore, how toachieve within the legal framework of the national organizations, enterprises and individuals toenvironmental subsidies to achieve environmental protection goals and values, is worthpondering and exploring.In this paper, the author main point in his discussion of environmental subsidies legal issues, including, China’s environmental subsidies are mostly manifested as policy ofadministrative documents, by the administration of the intervention is very serious, the lack ofstrong support for the law; most of China’s environmental subsidy policy focused on special offields, and many, comprehensive non-specific nature of the field is no policy support, and theseareas but needs government support; many administrative documents of subsidies, the lack ofclear eligibility criteria and reasonable application, the implementation of the program, makingapplication fields disorder, did not achieve the purpose of the subsidy; lack the necessarysupervisory measures of environmental subsidies, follow-up supervision very place, cheat up,misappropriation of subsidies phenomenon is very serious; business or personal interests arejeopardized when the subsidies, the lack of the government." redress " means of relief;environmental subsidies for the existence of the legal issues, we can do is to provide legalsupport to its favorable, so that the subsidy policy procedures, standardized and legalizedstrengthen the subsidy policy application, implementation and follow-up effects monitoringprogram, to develop reasonable and effective way to maintain relief benefit competitors.