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Legal Research On Cross-strait Financial Cooperation On The Basis Of ECFA

Posted on:2012-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:Q HaoFull Text:PDF
GTID:2166330335988495Subject:International law
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This thesis is aimed at making a comparison between the history and the present situation of the cross-strait financial cooperation legal system, researching into the direction of constructing the cross-strait financial cooperation legal system after the signing of ECFA, analysing the opportunities and challenges brought by ECFA to the cross-strait financial cooperation legal system, analysing the possibility of improving the cross-strait financial cooperation legal system by using CEPA for reference, in order to giving some suggestions to the constructing of the cross-strait financial cooperation legal system.This thesis consists of preface and four chapters.The first chpater reviews the stutas of cross-strait financial cooperation and its legal system, introduing the content of main cross-strait financial cooperation rules and regulations both in Mainland and Taiwan. First of all, this chapter introduces the stituation of cross-strait financial cooperation development which is still in a comparatively low level in recent years because of the negative attitude Taiwan authorities have about the financial cooperation with Mainland. This attitude hampered cross-strait financial cooperation from progressing smoothly, putting cross-strait financial cooperation in a condition of unidirectional and anisomerous. And this is the main reason why cross-strait financial cooperation legal system hasn't been improved in the past years. Nowdays, ECFA brings a good opportunity to cross-strait for financial cooperating, however, both Mainland and Taiwan shall improve the cross-strait financial cooperation legal system so as to give cross-strait financial cooperation a strong guarantee. Secondly, this chapter introduces the main cross-strait financial cooperation rules and regulations.The second chapter researches the opportunities and challenges brought by ECFA to cross-strait financial cooperation legal system. Currently, the Mainland financial laws and regulations related to Taiwan don't have high a hierarchy. And there is no special financial law regarding Taiwan. Taiwan authorities issued three laws regarding financial cooperation with Mainland in 2010, which applied to all financial communications and cooperations between cross-strait. The present cross-strait financial cooperation legal system merely focus on the aspect of financial market practise, therefore, Mainland and Taiwan need to consummate financial law enforcement and punishment system. Generally speaking, for the sake of matching the need of rapidly financial cooperation progressing, both Mainland and Taiwan should amend the the rules and regulations regarding financial cooperation of their own when ECFA became effective. However, ECFA also brought rare opportunities to improving cross-strait financial cooperation legal system. Mainland and Taiwan should take advantage of it to accelerate the constructing of cross-strait financial cooperation legal system. Meanwhile, some specified area in mainland just like Fujian province, may prior to carry and try to set up cross-strait financial cooperation legal system, accumulating legislation and law enforcement experience used for spreading the cross-strait financial cooperation legal system to the whole mainland.The third chpater analysing the possibilty of improving cross-strait cooperation legal system by using CEPA for reference. The financial cooperation between Mainland and Hongkong and Macao have developed smoothly since CEPA was effective, and the legal system related also achieve great progress. The purpose and contend of CEPA are similar to those of ECFA, hence it is of practical significanct to use CEPA for reference in the process of constructing cross-strait financial cooperation legal system.The forth chapter gives some suggetions for improving Banking, security, and insurance industry cooperation legal system through reviewing the history and presen status of these three financial industries.
Keywords/Search Tags:ECFA, cross-strait financial cooperation legal system, CEPA
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