The Legal Research Of CEPA

CEPA stands for closer Economic Partnership Arrangement between the Chinese mainland and Hong Kong, Macao. CEPA is an national regional legal arrangement concerning trade in goods, services and trading investment simplification, which fully developed China's advantage of "One country, four seats" in WTO and utilize the WTO exceptional regulations of regional free trade (mainly from the regulation of article 24 in GATT, 1994 and article 5 in GATS) under the prerequisite of "One country ,Two systems". It is the fist legal paper of free-trade agreement in China mainland since the WTO entry.The subscription and impact of CEPA is of great significance for the improvement of WTO system and development of China's "One country ,Two systems" principals theoretically and practically. Especially the content of the confirmation of "Zero Tariff', "Rules of Origin for Trade in Goods" and the definition of "Service Supplier" are significant for the construction of legal system in market economy of China.CEPA opens a door of national service market of to the service suppliers of Hong Kong and Macao. In particular, the opening of 18 service industries has far exceeded the promises that China made at the WTO entry and supplies the treatment of "earlier than East Alliance and better than the promises of WTO entry" to the services suppliers of Hong Kong and Macao, which creates benefits for mutual prosperities of China mainland and Hong Kong and Macao.The thesis adopts comparison analysis to discuss the content of two legal texts and its annex mainly. It combines the WTO regulations, the promises of China's WTO entry and the existing laws of mainland, Hong Kong and Macao to define the concept and character of CEPA and introduce its developing history, objective and principles. The thesis also discusses the legal significance of CEPA and introduces its main content and exposes its existing problem and finally supplies the solutions.