Studies On Several Legal Problems Of China's Regional Trade Integrating Under WTO

The purpose of the thesis: Following the economic globalization trend at present, the tendency of integration of regional economics is being strengthened day by day, how to hold opportunity that CEPA agreement implemented in an all-round way after entering the WTO. This is a realistic problem that concerns the national fundamental policy. This text has carried on several legal problems involved in China's regional trade integrating, these questions include: Four mats of questions of one country, the legal relations between four places of two sides under WTO. This is the purpose of this text.This text is divided into six chapters.First, chapter of the thesis is mainly discussed the fast development of the system of integration of regional economics from WTO frame. Analyzing integration of regional economics as "new" legal system form and expansion of the free trade agreements(FTA), author concluded that era comes of legal system of integration of regional economics.Chapter two mainly discussed the localization of legal status and legal relation between "four places of two sides "under WTO. At first, author have put forward" a seat of one country", "more than seats of one country" and Chinese question of "four seats of one country" in WTO, then relatively proved to Taiwan, Hong Kong and accession to the WTO and different nature of joining other international organizations of Macao respectively; and made a reservation with the relation of China Mainland to Taiwan, Hong Kong and status in WTO of Macao finally.Chapter three mainly discussed the macroscopic under the frame to WTO. First of all, the background, basic content and characteristic of CEPA are proved; secondly, have discussed the relation between CEPA and WTO; finally, described the legal nature and implementation prerequisite way of CEPA.Chapter four mainly discussed the legal question of service trade in CEPA agreement. First of all, have defined with the qualification to "service provider" in CEPA; Secondly, have defined "Hong Kong Company", service provider of CEPA. Finally, have discussed the existing problem of service trade promises while implementing CEPA.Chapter five mainly discussed the trade in goods and other legal problems in CEPA agreement. First of all, have analysed that asserts the legal question that the standard exists in producing area of Central Plains of CEPA agreement; Secondly, have dumped and ensured the measure to study between hinterland and Hong Kong under CEPA frame; Finally, have discussed the administration of justice in CEPA agreement that solves the mechanism problem with the dispute.The last chapter has proposed the way of China's regional trade integrating under the frame of WTO. First of all, the author have probed into the macroscopically assurance of the system in the free trade area of China under WTO frame, strategy of the Chinese free trade area, the content that break through legal obstacle of China's regional trade integrating under the frame in WTO. Secondly, author has suggested the legal system of free trade area of China under WTO frame, and how to solve legal obstacle of setting up free trade area of two sides under the frame in WTO. Finally, author proposed that setting up the legal consideration is key of the legal system of free trade area of China under WTO frame; Having put forward the basic principle of the free trade area of China: 1, Principle of carrying under the frame of WTO; 2, Realizing four places of two sides and the principles of other mutual supplement with each other's advantages across boundaries; 3, Continue keeping four places, various countries' existing advantages and principles of the status of two sides of trade zone; 4, Principle of promoting the development of the least developed countries; 5, Promote economic and environmental coordinated development; 6, Strengthen the little regional economic cooperation. And also author have suggested the long-term and short-term goal of establishing China's regional trade integrating. Finally, author have proposed using European Union and NAFTA experience for reference, set up the system of China's regional trade integrating.The approach of the thesis: author have used the method of history investigation synthetically, context explain, positive research and comparative analysis, etc. The thesis also used the proving and deducing, reasoning method etc. For example, while probing into the course of Taiwan, Hong Kong, Macao and mainland's accession to the WTO, author have used the method of historic investigation; In defining Hong Kong and Macao in international law and legal status in WTO, author have used the way of explaining the law; When proving the necessity of establishing a closer trading tie among China Mainland and Taiwan, Hong Kong, Macao, author have adopted and compared the reasoning method of the advantages and disadvantages, namely the law of dialectical reasoning.The innovation of this thesis is shown in the following several aspects: first, the innovation of the proposition. This thesis involves the new research field, has not merely enriched the theories of domestic law, international law and even international relations, and has explored the new problem of the domestic relation in the international organization. China Mainland and Taiwan joined WTO, we have faced the problem of "four seats of one country", and this is unprecedented in international relations practice. "The issue of one country four seat" gives China the difficult problem and also challenge for the international community. This thesis combines the new situation and sets foot in the new field.