ECFA框架下两岸经贸纠纷解决机制探析
发布时间：2018-12-12 21:40
【摘要】：海峡两岸经贸关系从“小三通”的突破,到“大三通”的实现,终于在2010年6月迎来了《海峡两岸经济合作框架协议》(ECFA)。ECFA的签署开启两岸大交流、大合作、大融合、大发展的新篇章。两岸经贸持续升温,随之而来的两岸间的经贸纠纷也不仅在数量上增多而且也在种类上有新类型出现。现有的纠纷解决机制缺陷逐渐显现,难以满足当前海峡两岸解纷需求。在ECFA框架下,研究两岸经贸纠纷解决机制意义重大。本文运用比较历史研究方法,对于海峡两岸经贸发展历史以及现有纠纷解决方式进行梳理,并对现有纠纷解决模式下各种纠纷解决途径进行对比分析。同时,采用法社会学分析方法,考察两岸经贸关系语境下不同纠纷解决途径的社会基础、运行现状,透析出这些纠纷解决方式在具体运用中的“地方性知识”,为在ECFA框架下两岸经贸纠纷解决模式选择,以及ADR技术协同运用提供实践的参考。 本文共分为三部分。第一章梳理了海峡两岸经贸发展脉络,分析了微观的企业层面的投资纠纷和宏观的行业层面的竞争性纠纷类型,归纳出了海峡两岸经贸纠纷的四个特点。第二章概括了现行两岸经贸纠纷解决的法律法规和相应的纠纷解决途径,着重分析了既有纠纷解决途径的优缺点,为后文的新的纠纷解决机制构想提供参考依据。第三章在前文分析的基础上多方面论证ECFA框架下构建两岸区际经贸仲裁中心的必要性和可能性,对其具体的运行程序进行了初步的设置。同时,进一步挖掘两岸共性的地方解纷资源,论证在两岸经贸仲裁中心运行过程中调解人角色扮演技术、调解-仲裁相结合技术和“五缘”解纷技术等多种解纷技术的协同运用。
[Abstract]:From the breakthrough of the "small three links" to the realization of the "big three links", the signing of the "Framework Agreement on Cross-Strait Economic Cooperation" (ECFA). ECFA) in June 2010 finally ushered in a great exchange, cooperation, and integration between the two sides of the strait. A new chapter in great development. Economic and trade between the two sides of the strait continue to heat up, followed by economic and trade disputes between the two sides of the strait not only increase in number but also in the kind of new types. The defects of the existing dispute resolution mechanism gradually appear, and it is difficult to meet the current cross-strait dispute resolution needs. Under the framework of ECFA, it is of great significance to study the settlement mechanism of cross-strait economic and trade disputes. In this paper, the comparative historical research method is used to sort out the history of cross-strait economic and trade development and the existing dispute resolution methods, and to compare and analyze the various dispute resolution methods under the existing dispute resolution mode. At the same time, by using the method of sociology of law, this paper investigates the social basis and current situation of different dispute resolution approaches in the context of cross-strait economic and trade relations, and analyzes the "local knowledge" of these dispute resolution methods in the specific application. It provides a practical reference for the choice of cross-strait economic and trade dispute resolution mode under the framework of ECFA, as well as the cooperative application of ADR technology. This paper is divided into three parts. The first chapter combs the development of cross-strait economic and trade, analyzes the microcosmic investment disputes at the enterprise level and the competitive disputes at the macro industry level, and concludes the four characteristics of cross-strait economic and trade disputes. The second chapter summarizes the current cross-strait economic and trade dispute settlement laws and regulations and the corresponding dispute resolution approach, focusing on the advantages and disadvantages of the existing dispute resolution approach, to provide a reference for the new dispute resolution mechanism. The third chapter discusses the necessity and possibility of establishing the cross-straits inter-regional economic and trade arbitration center under the framework of ECFA on the basis of the previous analysis. At the same time, further excavating the common local resources for resolving disputes between the two sides of the strait and demonstrating the technology of mediators' role playing in the course of the operation of the cross-strait economic and trade arbitration center, The cooperation of mediation-arbitration and five-edge dispute-solving techniques.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.29;D996.1
本文编号：2375286
[Abstract]:From the breakthrough of the "small three links" to the realization of the "big three links", the signing of the "Framework Agreement on Cross-Strait Economic Cooperation" (ECFA). ECFA) in June 2010 finally ushered in a great exchange, cooperation, and integration between the two sides of the strait. A new chapter in great development. Economic and trade between the two sides of the strait continue to heat up, followed by economic and trade disputes between the two sides of the strait not only increase in number but also in the kind of new types. The defects of the existing dispute resolution mechanism gradually appear, and it is difficult to meet the current cross-strait dispute resolution needs. Under the framework of ECFA, it is of great significance to study the settlement mechanism of cross-strait economic and trade disputes. In this paper, the comparative historical research method is used to sort out the history of cross-strait economic and trade development and the existing dispute resolution methods, and to compare and analyze the various dispute resolution methods under the existing dispute resolution mode. At the same time, by using the method of sociology of law, this paper investigates the social basis and current situation of different dispute resolution approaches in the context of cross-strait economic and trade relations, and analyzes the "local knowledge" of these dispute resolution methods in the specific application. It provides a practical reference for the choice of cross-strait economic and trade dispute resolution mode under the framework of ECFA, as well as the cooperative application of ADR technology. This paper is divided into three parts. The first chapter combs the development of cross-strait economic and trade, analyzes the microcosmic investment disputes at the enterprise level and the competitive disputes at the macro industry level, and concludes the four characteristics of cross-strait economic and trade disputes. The second chapter summarizes the current cross-strait economic and trade dispute settlement laws and regulations and the corresponding dispute resolution approach, focusing on the advantages and disadvantages of the existing dispute resolution approach, to provide a reference for the new dispute resolution mechanism. The third chapter discusses the necessity and possibility of establishing the cross-straits inter-regional economic and trade arbitration center under the framework of ECFA on the basis of the previous analysis. At the same time, further excavating the common local resources for resolving disputes between the two sides of the strait and demonstrating the technology of mediators' role playing in the course of the operation of the cross-strait economic and trade arbitration center, The cooperation of mediation-arbitration and five-edge dispute-solving techniques.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.29;D996.1
【引证文献】
相关硕士学位论文 前1条
1 刘肖君;ECFA争端解决机制之构建[D];广东商学院;2012年
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