在中国的反补贴条例尚处于备而未用阶段的情况下,考虑到世界产业竞争加剧的现实,中国适用反补贴规则维护公平贸易的可能性始终存在。在入世背景下,中国适用反补贴规则的前提要件之一在于确保该规则符合WTO的SCM规则。经对比可知,我国现行的《反补贴条例》与SCM规则存在较大的差异和冲突,修改国内立法应是解决冲突的优先选择。 Given that China’s anti-subsidy regulation is still in its infancy, taking into account the fact that the industrial competition in the world is aggravating, there is always the possibility that China will apply the anti-subsidy rules to maintain fair trade. Under the accession to the WTO, one of the preconditions for applying anti-subsidy rules in China is to ensure that the rules are in line with WTO’s SCM rules. After comparing, we can see that the current “Countervailing Subsidy Regulations” has great differences and conflicts with the SCM rules. Amending the domestic legislation should be the first choice to resolve the conflicts.