| After China joins the WTO,it must abide by various regulations under the WTO system,including subsidies for state-owned enterprises within the scope of the "SCM Agreement" and the special provisions of the legal documents of China’s accession to the WTO.This article first elaborates on the definition,characteristics and main problems of my country’s state-owned enterprises.Taking the DS437 case as a starting point,analyzes the views held by the expert group and the appellate body,and mainly discusses related issues related to the special nature of state-owned enterprise subsidies and proposes solutions.The text is divided into the following four chapters:The first chapter expounds the definitions of state-owned enterprises and their subsidies,introduces the nature of state-owned enterprise subsidies and the main problems that arise,discusses the classification and identification standards of subsidies,and their status in state-owned enterprise subsidies-On this basis,a general introduction to the general and special rules concerning the specificity of subsidies for state-owned enterprises is given.The second chapter briefly introduces the facts of the DS437 case,starting from the expert panel and the appellate body’s rulings and the disputes between China and the United States in this case,and from the perspective of comparative law,referring to the viewpoints of other related rulings,introducing the case involving state-owned enterprise subsidies Specific legal issues.The third chapter deeply analyzes the three subsidy-specific issues involved in the DS437 case.Firstly,it explains the application of "public institutions" from the perspective of how to deal with the relationship between the government and enterprises;secondly,it introduces the four major subsidy items and unfavorable accessibility issues.Facts,etc.,analyzed the defects of the US Department of Commerce’s specific understanding of my country’s state-owned enterprises;finally revealed the transmission channels of subsidy benefits,and specifically analyzed the changes in the external benchmarks adopted by the United States against China in the DS437 case.The fourth chapter summarizes the enlightenment brought to my country in the DS437 case,proposes legislation to improve my country’s special standards for subsidies,adjusts the policies of the government and state-owned enterprises,and uses WTO rules to proactively apply the WTO dispute settlement mechanism to deal with problems. |
