《农业协定》框架下我国农业补贴法律体系之构建
发布时间：2018-11-04 08:37
【摘要】：农业是人类生存物质资料的重要来源,是人类赖以生存和发展的最重要的产业。由于农业本身弱质性的限制,许多国家都采取一系列的农业补贴方式对农业产业进行支持和保护。 长期以来,我国都采取中央出台政策文件的方式进行农业补贴,然而政策缺乏法律所独有的约束力和强制力,且存在着阶段性和易变动的缺点,也一直受到国内学者的质疑。因此,本文通过分析世界贸易组织《农业协定》中“国内支持”的内容,对我国的农业补贴政策进行归纳和总结,并参考美国的农业补贴立法,对我国如何在世界贸易组织框架下对农业进行合理合法补贴,并建立符合我国国情的农业补贴法律体系提出了一些建议和设想。 本文除引言和结论外,正文部分分为五大章。 第一章首先分析了“补贴”一词,并参考《农业协定》起草过程中所产生的一些争议,对农业“国内支持”和“国内补贴”之间的联系与区别进行了界定,从而明确我国政府文件中使用的“农业补贴”在世界贸易组织《农业协定》中的内在涵义。 第二章归纳总结了世界贸易组织《农业协定》中“免于削减的农业支持政策”和“受削减承诺约束的国内支持政策”,并通过分析巴西诉美国陆地棉补贴案,进一步解释了国内农业支持政策的内容。 第三章详细地归纳总结了我国2004以来中央政府颁布的政策文件,对我国的农业补贴政策进行了具体的分类,并归纳了我国与农业补贴相关的法律制度。 第四章强调了建立农业补贴法律体系是符合国际法和国内法要求的必然结果,而且我国也已经具备了建立补贴法律的条件。 第五章论述的是在《农业协定》下我国农业补贴法律体系的建构。一方面分析了《美国2002年农业法》的使用情况,并借鉴《美国2008年农业法》,将我国符合“黄箱支持”的补贴和部分“绿箱支持”的补贴纳入到“农业直接补贴法”中。另一方面按照《农业协定》附件2中免于削减承诺的国内支持的分类对我国今后的农业补贴立法提出了一些建议。
[Abstract]:Agriculture is an important source of material for human survival and the most important industry for human survival and development. Because of the limitation of agriculture itself, many countries adopt a series of agricultural subsidies to support and protect the agricultural industry. For a long time, our country has adopted the central policy document to carry on the agricultural subsidy, but the policy lacks the unique binding force and the compulsive force of the law, and has the shortcoming of the stage and easy to change, also has been questioned by the domestic scholar all the time. Therefore, by analyzing the contents of "domestic support" in the World Trade Organization (WTO) Agreement on Agriculture, this paper sums up and summarizes the agricultural subsidy policies of our country, and refers to the agricultural subsidy legislation of the United States. This paper puts forward some suggestions and ideas on how to carry out reasonable and legal subsidies to agriculture under the framework of WTO and to establish a legal system of agricultural subsidies in accordance with the national conditions of our country. In addition to the introduction and conclusions, the text is divided into five chapters. The first chapter analyzes the term "subsidy" and defines the link and distinction between "domestic support" and "domestic subsidy" in agriculture, taking into account some disputes arising from the drafting process of the Agreement on Agriculture. Thus, the meaning of "agricultural subsidy" used in the government document of our country is clarified in the World Trade Organization Agreement on Agriculture. The second chapter summarizes the "Agriculture support Policy exempt from reduction" and "domestic support Policy bound by reduction commitment" in the World Trade Organization (WTO) Agreement on Agriculture, and analyzes the case of Brazil v. United States Upland Cotton subsidy. Further explained the content of domestic agricultural support policy. The third chapter summarizes the policy documents issued by the central government since 2004, classifies the agricultural subsidy policy in China, and summarizes the legal system related to agricultural subsidy in China. The fourth chapter emphasizes that the establishment of agricultural subsidy legal system is the inevitable result that meets the requirements of international law and domestic law, and our country already has the conditions to establish the subsidy law. The fifth chapter discusses the construction of China's agricultural subsidy legal system under the Agricultural Agreement. On the one hand, this paper analyzes the use of the Agriculture Act of 2002 in the United States, and draws lessons from the Agriculture Act of 2008 in order to bring the subsidies which accord with the "yellow box support" and some subsidies of "green box support" into the Agricultural Direct subsidy Act. On the other hand, according to the classification of domestic support for exemption from reduction commitments in Annex 2 to the Agreement on Agriculture, some suggestions are put forward for future agricultural subsidy legislation in China.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.1;D922.4;F320
本文编号：2309298
[Abstract]:Agriculture is an important source of material for human survival and the most important industry for human survival and development. Because of the limitation of agriculture itself, many countries adopt a series of agricultural subsidies to support and protect the agricultural industry. For a long time, our country has adopted the central policy document to carry on the agricultural subsidy, but the policy lacks the unique binding force and the compulsive force of the law, and has the shortcoming of the stage and easy to change, also has been questioned by the domestic scholar all the time. Therefore, by analyzing the contents of "domestic support" in the World Trade Organization (WTO) Agreement on Agriculture, this paper sums up and summarizes the agricultural subsidy policies of our country, and refers to the agricultural subsidy legislation of the United States. This paper puts forward some suggestions and ideas on how to carry out reasonable and legal subsidies to agriculture under the framework of WTO and to establish a legal system of agricultural subsidies in accordance with the national conditions of our country. In addition to the introduction and conclusions, the text is divided into five chapters. The first chapter analyzes the term "subsidy" and defines the link and distinction between "domestic support" and "domestic subsidy" in agriculture, taking into account some disputes arising from the drafting process of the Agreement on Agriculture. Thus, the meaning of "agricultural subsidy" used in the government document of our country is clarified in the World Trade Organization Agreement on Agriculture. The second chapter summarizes the "Agriculture support Policy exempt from reduction" and "domestic support Policy bound by reduction commitment" in the World Trade Organization (WTO) Agreement on Agriculture, and analyzes the case of Brazil v. United States Upland Cotton subsidy. Further explained the content of domestic agricultural support policy. The third chapter summarizes the policy documents issued by the central government since 2004, classifies the agricultural subsidy policy in China, and summarizes the legal system related to agricultural subsidy in China. The fourth chapter emphasizes that the establishment of agricultural subsidy legal system is the inevitable result that meets the requirements of international law and domestic law, and our country already has the conditions to establish the subsidy law. The fifth chapter discusses the construction of China's agricultural subsidy legal system under the Agricultural Agreement. On the one hand, this paper analyzes the use of the Agriculture Act of 2002 in the United States, and draws lessons from the Agriculture Act of 2008 in order to bring the subsidies which accord with the "yellow box support" and some subsidies of "green box support" into the Agricultural Direct subsidy Act. On the other hand, according to the classification of domestic support for exemption from reduction commitments in Annex 2 to the Agreement on Agriculture, some suggestions are put forward for future agricultural subsidy legislation in China.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.1;D922.4;F320
【引证文献】
相关硕士学位论文 前1条
1 王琼;WTO《农业协定》中的“国内支持”制度研究[D];吉林大学;2013年
，本文编号：2309298
本文链接：https://www.wllwen.com/falvlunwen/guojifa/2309298.html
