借鉴国际先进经验完善我国反补贴立法

我国相关部门在反补贴立法方面已按照世界贸易组织规则取得长足的进步,但相对西方发达国家而言,我国的反补贴立法存在种种不足。参考欧盟、美国的相关立法,并对照世界贸易组织的《补贴与反补贴措施协定,》我国的《反补贴条例》在立法体例、补贴的类型、确定补贴的标准等方面需要完善,并应增加上游补贴的相关规定,增加公共利益及反规避措施的有关内容及确立不合作制度等。

Advice on the Amendment of China''''s Regulation on Subsidy and Countervailing Measures by Making Reference of Similar Regulations Abroad

Anti-subsidy,anti-dumpling and safeguard measures are permitted by WTO rules to maintain fair trade and to protect domestic industries.In accordance with the WTO corresponding rules,China has made remarkable progress in the legislation of subsidy and countervailing measures.However,compared with the western countries,China shows several disfigurements in the legislation of subsidy and countervailing measures.With reference to the corresponding legislations of the European Union,the US and the Agreement on Subsidy and Countervailing Measures of the World Trade Organization,the authors put forward some amending advices on the legislation system,the types of the subsidy in China's Rules of Subsidy and Countervailing Measures;also,the authors urge that the legislators should add provisions on the upstream subsidy,perfect the provision on the public interests and countervailing measures on the non-cooperative actions.