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上游补贴概念的提出,赋予了补贴更加宽泛的定义和判断标准,将反补贴的价值理念拓展至产品的生产要素领域,从而扩大了反补贴调查的适用范围。而美国商务部在实践中所演绎出的一整套补贴利益传递分析方法,则为抵消上游补贴对自由竞争造成的损害确立了可供操作的、相对严格的规则框架,是对国际反补贴法的重大发展。我国亟需深入研究和借鉴美国上游补贴的立法和实践。
The proposal of the concept of upstream subsidies has given broader definition and criteria of subsidies and expanded the concept of countervailing subsidies to the field of production factors of products so as to expand the scope of application of countervailing investigations. However, the set of subsidy benefit transfer analysis method deduced by the United States Department of Commerce in practice establishes a relatively operable regulatory framework to offset the damage caused by free competition caused by upstream subsidies. Major development. It is urgent for our country to deeply study and learn from the legislation and practice of upstream subsidies in the United States.