中韩FTA争端解决机制中私人参与问题研究

发布时间：2018-03-24 20:54

本文选题：中韩FTA协定　切入点：争端解决机制　出处：《山东大学》2017年硕士论文

【摘要】：中韩FTA于2015年6月正式达成协议并签订生效,该FTA是目前中国已经签署的覆盖范围最广、涉及国别贸易额最大的自贸协定,中韩两国分别成为各自最重要的贸易伙伴之一。随着中韩两国经贸合作的不断深入,私人在贸易中发挥着越来越重要的作用。在现在的时代背景下,韩国执意部署"萨德"系统严重损害了中国人民的安全,纠纷矛盾将会更频繁的出现。因此,完善的争端解决机制成为最重要的解决矛盾的方式。由于自贸协定是国家为私人主体进行贸易活动而提供市场和平台设立的,FTA是国家层面签署的协议。当出现纠纷的时候,政府会顾及国家间政治经济的总体利益,难免会出现忽视甚至牺牲私人利益的情况。这是由于在传统的国际法层面,私人很难作为参与诉讼适格的主体,没有或者只享有有限的诉权,导致国家主权与私人诉权之间的争论,在FTA协议框架中只在经济贸易等少数几个方面涉及到私人参与问题。因此,本文在研究争端解决机制时着重考虑私人在争端解决中的参与问题。笔者认为,应该在坚持国家主权,在国家主导下适度扩大私人的争端解决主体资格,同时应该防止私人诉权的滥用,以合法合理适度为原则,构建争端解决机制,为以后中日韩设立自贸区,实现东北亚经济一体化打下基础。
[Abstract]:China and South Korea formally reached an agreement on the FTA in June 2015 and signed it into force. The FTA is the most extensive free-trade agreement that China has signed and involves the largest volume of trade between countries. China and South Korea have become one of their most important trading partners. With the deepening economic and trade cooperation between China and South Korea, private individuals are playing an increasingly important role in trade. South Korea's insistence on deploying the THAAD system has seriously damaged the security of the Chinese people, and disputes and contradictions will occur more frequently. A perfect dispute settlement mechanism is the most important way to resolve conflicts. Since FTA is an agreement signed at the national level by providing markets and platforms for the private sector to conduct trade activities, the FTA is an agreement signed at the national level. Governments take into account the overall political and economic interests of States, and it is inevitable that private interests will be ignored and even sacrificed. This is because, in the traditional international law, it is difficult for private individuals to become appropriate subjects for participation in litigation. There is no or only limited right of action, leading to a dispute between national sovereignty and private right of action. In the framework of the FTA Agreement, only a few aspects, such as economic and trade, are involved in the issue of private participation. This paper focuses on the issue of private participation in dispute settlement in the study of dispute settlement mechanism. The author holds that the subject qualification of private dispute settlement should be appropriately expanded under the guidance of the state, and the sovereignty of the state should be adhered to. At the same time, we should prevent the abuse of private right of action, take the principle of legality, reasonableness and moderation as the principle, construct the dispute settlement mechanism, and lay the foundation for the establishment of free trade area between China, Japan and South Korea, and the realization of economic integration in Northeast Asia.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.295

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