Research On The Conflicts Of Private Laws Between Cross-strait Under ECFA

On 29 June 2010, the cross-strait formally signed Economic Cooperation Framework Agreement (ECFA), which is an important milestone for peaceful development of cross-straits relations. Because of the special historical reasons, the cross-strait exchanges are suspended artificially. Since the end of 1970s, with the untiring efforts of the mainland government, the communication between the cross-straits becomes increasingly closer. But the differences between cross-straits social system and legal system will lead to lots of civil and commercial legal conflicts. The signing of the ECFA will make economic and trade further developed. Therefore the discussion about the solution of cross-strait civil and commercial legal conflicts is very significant issue.By way of Private International Law, the author tries to find an effective method to solve the civil and commercial legal conflicts between cross-straits. This article is divided into four parts. The first part briefly introduces the background, the necessity and the development prospects of the ECFA. And through the analogy between CEPA (Closer Economic Partnership Arrangement) and FTA (Free Trade Agreement), I try to define the legal attribute of the ECFA, which is a special domestic legal arrangement in the premise of "one China". The second part focuses on the nature of the private conflicts between cross-straits. Through analyzing causes and properties of the private conflicts between cross-straits, his thesis clarifies that the private conflicts between cross-straits are actually specially interregional private legal conflicts. The third part discusses the private conflicts between cross-straits under the framework of ECFA in the following three fields:tourism, air transport and intellectual property protection. And it explains the necessity of solutions which can use to solve the private conflicts between cross-straits. At the final part of the thesis, through studying the solutions which can be used to solve the interregional private legal conflicts, in combination with the particularity of private conflicts between the cross-straits, it proposes for propose the practical and effective method of solution.At present there are many methods to solve conflicts of private law. But which method should be taken by us,,we must consider the peculiarities of the private legal conflicts to decide which method should be taken. In the "one China" and "one country, two systems" premise, The author thinks there are two ways to solve conflicts of private law is:the first one is to sign private international agreement; and the second is to analogy the International Private Law of each side.