Legal Research Of China-ASEAN Free Trade Area's Dispute Settlement Mechanism

Economic globalization and regional economy have been the two main developing trends in the world now. Establishing various favorable trade arrangements to expand economic developing space has been an important policy choice for many countries.China is adjacent to the ASEAN(Association of Southeast Asian Nations) states, establishing the free trade area with the ASEAN is an important act to strengthen the economic cooperation with the neighbor states for China, while participating in the multilateral trade system. China-ASEAN free trade area is beneficial for the two parties, it will promote the economic development and expand the trade cooperation scope, improve the whole competing capacity of this area and contribute to the Asia and world's stability and development.In the process of regional economic integration, the legal system plays an important role in stimulating communication, safeguarding cooperation and maintaining orders, the dispute settlement mechanism is the eventual safeguard in the whole legal system. Now it is common to establish the dispute settlement mechanism in the regional economic integration. This thesis firstly analysis characters of the main free trade areas'models and concludes the factors to determine the models of the dispute settlement mechanism: the background, aims and goals of the regional organization, the integration level, the economic and political elements and even the legal tradition and so on.Considering the background, the aims and goals and the characters of CAFTA, we can establish the suitable dispute settlement mechanism. Now the"Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Co-Operation between the ASEAN and the People's Republic of China"adopts a more free and flexible dispute settlement mechanism which is promoted by the member states. Substantially it learns from the NAFTA's quasi-judicial dispute settlement mechanism in a certain degree.Then this thesis gives an opinion on the agreement, points out the limitations and understanding of some articles in the agreement, assumes how to use it in practice.At last the thesis gives some suggestions to the construction of the mechanism. We should actively participate in the negotiations about building the mechanism, research more about the dispute settlement mechanism and make the feasible plans in according to its basic requirements, so we can have a definite object in view to protect ourselves. Besides we should change our conceptions, once we have a trade dispute, we should actively prepare for the lawsuit as soon as possible and stick up for our benefits using the relevant rules.In the tenth China-ASEAN leaders conference, Premier Wen jia bao gived some suggestions to continue to strength the China-ASEAN strategic fellowship. The both parties have a good willing of cooperation and development, but the difficulties and obstacles can not be ignored. In a word, establishing and consummating the mechanism shoulder heavy responsibilities.