区域经济一体化中软法适用问题研究
发布时间：2018-08-29 15:10
【摘要】：21世纪以来,在经济全球化和区域经济一体化推动下,世界经济合作与发展呈现出许多新的态势。面对世界经济竞争日益激烈的发展趋势,各国、各地区都期望通过更为深入的经济合作,从而在世界经济竞争中赢得优势。随着社会主义市场经济体制的确立及发展,我国区域经济的联系和发展不断扩大,形成了一些具有地区特色的经济区域,这些经济区域的不断发展和壮大促进了我国区域经济一体化进程。尤其是我国加入WTO以后,随着区域经济一体化进程中纵向和横向经济联系的广泛加强,软法适用在区域经济一体化进程中发挥着重要的作用。本文分为五个部分,绪论介绍了研究区域经济一体化中软法适用的意义,国内外对于软法适用的研究现状以及研究方法。第一章“区域经济一体化与软法适用”介绍了软法的概念即软法是不具有强制法的约束力,不运用国家强制力保障实施就能产生预期的效果的行为规范。软法的主要表现形式有区域行政协议、区域政策、区域专业标准、区域行业自律规范。软法适用具有制定主体平等且多元、制定程序灵活、表现形式多样、不依靠国家公权力保障软法的实施等特点。通过软法适用,可以弥补硬法在区域经济调控中的不足、降低区域经济的治理成本、回应公共治理的需求。第二章“区域经济一体化中软法适用存在的问题”提出了软法在订立中存在制定主体及权限不明确、制定程序不规范等问题阻碍软法的适用以及软法在实施过程中存在缺乏有效保障、责任追究力度不足、缺少纠纷解决方式等问题。第三章“域外区域经济一体化中软法适用及启示”介绍了东盟自由贸易区和欧盟的软法适用情况、适用经验以及给我国几点启示:制定专门的区域经济决策机构、建立纠纷解决机制、注重公众参与和信息交流。第四章“区域经济一体化中软法适用的完善”介绍了要从软法的制定和软法的实施两方面进行完善。在软法的制定方面,要明确软法的制定主体和权限;规范软法的制定程序、充分吸收民意、保障软法在创制过程的透明性、通过硬法来规范软法的基本程序。在软法的实施方面,加强国家机关和各类社会主体对软法适用的监督;强化软法适用的责任追究、明确责任主体和追责主体、规定责任种类;建立专门的区域争议解决机构、增加纠纷解决途径、明确争议使用范围;确认识并充分利用软法和硬法相互之间的关系。
[Abstract]:Since the 21st century, under the impetus of economic globalization and regional economic integration, the world economic cooperation and development has taken on many new trends. In the face of the increasingly fierce development trend of the world economic competition, all countries and regions hope to win the advantage in the world economic competition through deeper economic cooperation. With the establishment and development of the socialist market economy system, the regional economic ties and development of our country are expanding, forming some economic regions with regional characteristics. The continuous development and expansion of these economic regions have promoted the process of regional economic integration in China. Especially after China's entry into WTO, with the extensive strengthening of vertical and horizontal economic ties in the process of regional economic integration, the application of soft law plays an important role in the process of regional economic integration. This paper is divided into five parts. The introduction introduces the significance of the research on the application of soft law in regional economic integration, the current research situation and the research methods of the application of soft law at home and abroad. The first chapter, "Regional economic integration and soft law application", introduces the concept of soft law, that is, soft law is not the binding force of jus cogens. The main forms of soft law include regional administrative agreement, regional policy, regional professional standard and regional industry self-discipline standard. The application of soft law has the characteristics of equal and pluralistic subjects, flexible procedures, various forms, and not relying on the public power of the state to guarantee the implementation of soft law. The application of soft law can make up for the deficiency of hard law in regional economic regulation and control, reduce the cost of regional economic governance, and respond to the demand of public governance. The second chapter, "problems in the application of soft law in regional economic integration", points out that the subject and authority of soft law are not clear in the establishment of soft law. Some problems, such as non-standard procedure, are hindering the application of soft law, the lack of effective guarantee, the lack of accountability, the lack of dispute resolution and so on. The third chapter "the application and enlightenment of soft law in extraterritorial regional economic integration" introduces the application of soft law in ASEAN Free Trade area and European Union, the applicable experience and some enlightenment to our country: to formulate special regional economic decision-making institutions. Establish dispute resolution mechanism, pay attention to public participation and information exchange. Chapter four, "perfecting the application of soft law in regional economic integration", introduces how to perfect soft law from two aspects: the formulation of soft law and the implementation of soft law. In the aspect of making soft law, we should make clear the subject and authority of soft law, standardize the procedure of making soft law, fully absorb public opinion, guarantee the transparency of soft law in the process of creation, and standardize the basic procedure of soft law through hard law. With regard to the implementation of soft law, we should strengthen the supervision of the application of soft law by state organs and all kinds of social subjects, strengthen the accountability investigation for the application of soft law, clarify the subject of responsibility and the subject of liability pursuit, define the types of responsibility, and establish a special regional dispute settlement body. Increase dispute resolution, clarify the scope of dispute use, and make full use of the relationship between soft law and hard law.
【学位授予单位】：广东外语外贸大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D996.1
[Abstract]:Since the 21st century, under the impetus of economic globalization and regional economic integration, the world economic cooperation and development has taken on many new trends. In the face of the increasingly fierce development trend of the world economic competition, all countries and regions hope to win the advantage in the world economic competition through deeper economic cooperation. With the establishment and development of the socialist market economy system, the regional economic ties and development of our country are expanding, forming some economic regions with regional characteristics. The continuous development and expansion of these economic regions have promoted the process of regional economic integration in China. Especially after China's entry into WTO, with the extensive strengthening of vertical and horizontal economic ties in the process of regional economic integration, the application of soft law plays an important role in the process of regional economic integration. This paper is divided into five parts. The introduction introduces the significance of the research on the application of soft law in regional economic integration, the current research situation and the research methods of the application of soft law at home and abroad. The first chapter, "Regional economic integration and soft law application", introduces the concept of soft law, that is, soft law is not the binding force of jus cogens. The main forms of soft law include regional administrative agreement, regional policy, regional professional standard and regional industry self-discipline standard. The application of soft law has the characteristics of equal and pluralistic subjects, flexible procedures, various forms, and not relying on the public power of the state to guarantee the implementation of soft law. The application of soft law can make up for the deficiency of hard law in regional economic regulation and control, reduce the cost of regional economic governance, and respond to the demand of public governance. The second chapter, "problems in the application of soft law in regional economic integration", points out that the subject and authority of soft law are not clear in the establishment of soft law. Some problems, such as non-standard procedure, are hindering the application of soft law, the lack of effective guarantee, the lack of accountability, the lack of dispute resolution and so on. The third chapter "the application and enlightenment of soft law in extraterritorial regional economic integration" introduces the application of soft law in ASEAN Free Trade area and European Union, the applicable experience and some enlightenment to our country: to formulate special regional economic decision-making institutions. Establish dispute resolution mechanism, pay attention to public participation and information exchange. Chapter four, "perfecting the application of soft law in regional economic integration", introduces how to perfect soft law from two aspects: the formulation of soft law and the implementation of soft law. In the aspect of making soft law, we should make clear the subject and authority of soft law, standardize the procedure of making soft law, fully absorb public opinion, guarantee the transparency of soft law in the process of creation, and standardize the basic procedure of soft law through hard law. With regard to the implementation of soft law, we should strengthen the supervision of the application of soft law by state organs and all kinds of social subjects, strengthen the accountability investigation for the application of soft law, clarify the subject of responsibility and the subject of liability pursuit, define the types of responsibility, and establish a special regional dispute settlement body. Increase dispute resolution, clarify the scope of dispute use, and make full use of the relationship between soft law and hard law.
【学位授予单位】：广东外语外贸大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D996.1
【参考文献】
相关期刊论文 前10条
1 何渊;;论区域法律治理中的地方自主权——以区域合作协议为例[J];现代法学;2016年01期
2 石佑启;黄U，
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