The Study On The Improvement Of The China’s Countervailing Regulation

In the field of international trade, anti-subsidy measures are one of the three remedy measures of trade in the WTO rules. It plays an important role in the settlement of anti-subsidy disputes. With the continuous improvement of China’s status in the international market, especially with the continued growth of trade surplus in trading process, subsidized products of Europe and the United States imported to China have caused the damage to the domestic industry in China with the trade friction between China and foreign countries being exacerbated at last. In order to solve the frequent anti-subsidy disputes, since 2009, China has began to use countervailing measures to solve them according to the relevant international law and the domestic law of anti-subsidy measures. We have carried out 7 anti-subsidy investigations for the products of the United States and the European Union. Except one case which is revocated by the applicant, the other six remaining ones will be levied for countervailing duties of different levels and in different period of time after the preliminary ruling, so the implementation of China’s anti-subsidy measures has been effective to some extent. Later, there are 3 cases of litigation which are resolved to the dispute settlement body of the WTO and the final result being ruled is that China has violated the related obligations of WTO in varying degrees. After analyzing the defeat of China in WTO dispute settlement body, the main reason is that China’s anti-subsidy laws have a lot of problems in entities and procedures.According to this background, the main research ideas of this paper are:Firstly, it elaborates the relevant provisions of substantive rules and procedural rulesin Countervailing Regulation of China; then it analyzes the existing problems in the practical process by combining with the real cases in the process of application of the regulation; at last, by referring to the international rules and the relevant provisions of Europe and the United States, it provides suggestions for reference so as to perfect Countervailing Regulation of China.According to the above research ideas, the main content of this paper is:in terms of the structure, it includes the introduction, the main body of the paper and the conclusions. The first chapter is the introduction and it mainly introduces the research background, significance, status quo and development trends of domestic and foreign research in this area and the main research contents etc. The second chapter is the legislation basis and practice of China’s Countervailing Regulation which mainly introduces the legislative basis and the process of China’s Countervailing Regulation together with the general situation of the implementation of the practice of Countervailing Regulation and so on. The third chapter is the specific provisions of Chinese Countervailing Regulation, including the identification on subsidies of substantive law, the identification of injury, provisions of identification of the relation between causation and results and provisions of procedural law in terms of investigations, measures and the relief program for anti-subsidy. The fourth chapter is about the problems existing in China’s Countervailing Regulation, it mainly analyzes the problems in substantive rules and procedural rules by combining with the practical cases. The fifth chapter is about the suggestions to improve China’s Countervailing Regulation, the paper puts forward the relevant suggestions by drawing lessons from the relevant provisions of the WTO international rules-the "SCM agreement", as well as relevant provisions of Europe and the United States so as to improve China’s Countervailing Regulation. The sixth chapter is about the conclusion and prospect.