Research On China Solar Photovoltaic Industry Subsidies Legislation In The WTO Framework

As countries around the world constantly exploit and utilize the renewable sources of energy,China gradually pays attention to its development as well.The photovoltaic industry in China has been progressing rapidly under the support of the government's incentives,the constant stream of new subsidy legislations,in particular.In terms of the production and export of the photovoltaic products,China,at present,has become the largest country in the world and the photovoltaic industry has become a key aspect in the development of the industry of renewable sources of energy in China.However,only a small portion of photovoltaic products account for China's domestic market,since 90% of China's photovoltaic products are exported to foreign market.The photovoltaic industry suffered a great loss after the anti-subsidy investigation since 2011.Therefore,based on the actual conditions of the development of China's photovoltaic industry and the framework of the WTO,it is of great practical significance to discuss the perfecting means of subsidy legislation of photovoltaic industry in China,breaking the shackles constraining its development and providing ideas as references for the better development of other industries in the field of renewable sources of energy.Firstly,by defining the photovoltaic industry and its subsidy's connotation,the connotation and denotation of the photovoltaic industry should be clear and definite and the importance of subsidy to the development of photovoltaic industry should be discussed.Secondly,legislations relevant to subsidies to photovoltaic industry under the framework of the WTO are sorted,clearly stating the stipulations on the subsidy under the framework of the WTO.Thirdly,the main problems existing in the subsidy legislation on China's photovoltaic industry under the framework of the WTO are obtained after sorting the current situation of subsidy legislation on China's photovoltaic industry and analyzing the countervailing cases China engaged.Problems are: the purposes of the subsidy legislations lack internationality and are more limited than the WTO rules;the subsidy legislations are not specialized enough and deficient in convergence with the WTO rules;the ranges of the subsidized parties fall short and are narrower than the WTO rules;the ranges of the subsidies are insufficient in ubiquity but with clear "specific" characters;the subsidy types are of shortage,and enterprisesare obviously illegally "benefited";the procedural regularities of the subsidy fail in integrity,leading to illegal subsidy.Finally,rules that should be respected and specific suggestions improving the subsidy legislations on China's photovoltaic industry are put forward based on the full interpretation of the relevant stipulations under the framework of the WTO,the actual condition of China and advanced legislation results from other countries.These rules and suggestions include: establish scientific legislation purposes;formulate Regulations of Subsidy Management on Photovoltaic Industry;enlarge the ranges of the subsidized parties;introduce the access mechanism of competitive subsidies,and develop examination and approval system for subsidy;enrich the subsidy types and intensify the subsidy in the links of products and consumption;improve the procedural regularities of the subsidy.