On Legal Harmonization Of Economic Cooperation In Mainland China,Hong Kong,Macau And Taiwan

The closeness of economy and trade increases the cooperation and interaction of the legal systems of Mainland China,Hong Kong,Macau and Taiwan in the background of globalization.As the legal harmonious mechanism of economic cooperation,namely economic cooperation rules(ECRs)in Four Areas of China –Mainland and Hong Kong Closer Economic and Partnership Arrangement(CEPA),Mainland and Macau Closer Economic and Partnership Arrangement(CEPA)and Chinese Mainland and Chinese Taiwan Economic Cooperation Framework Agreement(ECFA)have become new legal systems which allocate different legal resources and satisfy the basic needs of economic and trade transactions between Mainland China,Hong Kong,Macau and Taiwan.Surrounding the thread of “existence”,“effect” and “development” of the legal harmonious mechanism of economic cooperation between Mainland China,Hong Kong,Macau and Taiwan,this paper is divided into three parts and contains eight chapters.The first part “existence” consists of chapter 2 and 3,which analyze ECRs' existence as legal norms,ECRs' practice and ECRs' meaningfulness of analytic jurisprudence.The second part “effect” contains chapter 4,5 and 6.This part puts ECRs(as the legal “individual”)into the bigger environment of Chinese legal systems and WTO rules(as the legal “group”),describes their relationships and analyzes ECRs' influence on Chinese legal systems and WTO rules,ECRs' legal functions and their legal natures.The last part “development” contains chapter 7,which discusses the development trend of ECRs,and brings forward ECR's values and objects through the practice of ECRs.The first chapter is the Introduction,which focuses on the realistic needs,key concepts defined,academic values of the research,literature review,research methods and the structure and layout of the paper,laying the foundation for the following contents of the paper.Chapter 2 studies the institutional arrangement of economic cooperation's legal harmonization in Four Areas of China.This chapter discusses the theoretical sense of analytic jurisprudence to institutional models,construction of rules,ranks of the legal validity and system characterization of ECRs.It is shown that ECRs as the legal harmonious mechanism of economic cooperation in China has distinguished itself from the legal systems of Mainland China,Hong Kong,Macau and Taiwan.Meanwhile,ECRs has become a new type of legal system in China.Chapter 3 probes into the running mechanisms of economic cooperation's legal harmonization in Four Areas of China.This chapter is mainly devoted to the operation and practice of ECRs,which researches on the legislative mechanism,dispute settlement mechanism and rule enforcement and supervision mechanism of ECRs,and discusses the interaction of “rules–established” in the normative sense and“rules–practiced” in the factual sense in the development of ECRs.Chapter 4 researches on ECRs' influence on Chinese legal systems and WTO rules.The first part is about ECRs' influence on Chinese legal systems.It is indicated that Chinese legal systems have produced a kind of closer relationship by ECRs,which leads to legal integration in the field of economic cooperation in China.The next part is about ECRs' influence on WTO rules,which generates regional economic cooperation's legal mechanisms under the WTO regime.At last,the effect of ECRs' influence on Chinese legal systems and the WTO rules contains three characteristics,namely,target convergence,rule fairness and close communication.Chapter 5 studies ECRs' legal functions.On the object of legal adjustment,ECRs ensures and maintains further economic trade's transaction and its orders in the markets of Mainland China,Hong Kong,Macau and Taiwan,and optimizes the resources of Chinese legal systems.In terms of legal models,ECRs have the function of innovation and communication among Chinese legal systems.On the development of law,ECRs changes legal systems that adjust economic and trade transactions in China from unilateral and globalised circumstances to integrated and regional legal models,and further satisfies the development needs of economic and trade transaction in China.Chapter 6 analyses ECRs' legal natures.ECRs are both economic and trade administrative agreements in domestic law and regional trade agreements under WTO regime.Meanwhile,ECRs are regional economic integration's legal rules,and have been basic representative legal norms of economic communities in China.The multiple legal natures of ECRs indicate that legal globalization has significant impact on the economic cooperation's legal harmonious mechanism in Four Areas of China.Chapter 7 illustrates ECRs' development in the future.In this part,from the perspective of its influence on ECRs' development,the expected aim of ECRs' development is proposed and the institutional arrangements and organized construction of ECRs in the future are also discussed through rethinking the practice of ECRs.Chapter 8 is the Conclusion,concluding that ECRs,as the legal harmonious mechanism of economic cooperation in Mainland China,Hong Kong,Macau and Taiwan,its “existence” reflects ECRs as legal norms have been elevated from the institutional arrangement to the legal system;its “effect” embodies that rules adjusting economic trade in Four Areas have been transformed from legal coexistence to legal cooperation;its “development” means ECRs' tendency towards rule-orientedness among beneficial communities.