中美双反措施案的上诉机构否决了专家组关于仅根据中国国有企业所有权性质而将其认定为“公共机构”的做法,认为判定“公共机构”的核心问题在于评估某实体是否行使或被授予行使政府职能,并提出判定实体行使政府职能的三种情形。这一裁决有利于遏制其他国家对我国频繁启动和滥用反补贴调查,也增加了我国应对反补贴调查的信心和胜诉率。 The appellate body of the Sino-U.S. Double countermeasure rejected the panel’s practice of identifying it as “public institution” based solely on the nature of the ownership of Chinese state-owned enterprises. The core issue of the “public institution” of judgments was that the assessment of an entity Whether or not to exercise or be granted the exercise of government functions and to propose three cases of determining the exercise of government functions by the entities. This ruling is conducive to deter other countries from frequently launching and abusing anti-subsidy investigations in our country, and also increases our confidence in and confidence in anti-subsidy investigations.