| China-ASEAN Free Trade Area (CAFTA) is established on a remarkably realistic background. The development of regional economic integration, the Southeast Asian financial crisis and the depression of American and Japanese economy, are all the reasons that ASEAN countries change their policies to China. In recent years, the friendly cooperation relationship between China and ASEAN has continuously deepened, an favorable situation of bilateral respect in politics, mutual promotion in economy and reciprocal trust in security has come into being. Chinese proposal concerning the establishment of free trade area is approved and actively responded by the 10 countries of ASEAN. In 2002, China and ASEAN signed an agreement《The Framework Agreement on Comprehensive Economic Co-operation》, which identified the objective of establishing CAFTA in ten years.This dissertation will focus on some law documents and the related rules and systems that both sides were signed and formulated, go deep into analysis and research on "the legal regulation model problem of establishing CAFTA". According to the rules of《The Framework Agreement on Comprehensive Economic Co-operation》, CAFTA will constitute rules of tariff concession, rules of origin, rules of dispute settlement systems, rules of anti-dumping, anti-subsidy and safeguard measures. But these legal documents and concrete rules are scattered and lack of operateability, if these problems can't be settled properly, it may affect the process and steps of the establishment of CAFTA. Therefore it is necessary to establish and perfect the legal regulation model of CAFTA, so as to assure the application of each concrete legal measures of CAFTA between interior members, to promote the integration of regional economy, and to prevent exterior countries from picking-up CAFTA' preference effectively.On the basis of comprehensive and deep analysis of the background of establishing CAFTA, this dissertation researches and expounds the legal regulation model of establishing CAFTA on three points of view-legal cultures, economic developing levels and regulating trade deflection. Particularly, with the comparative law researching method, by absorbing and using of reference the successful experiences of the European Union and the North American Free Trade Area, as well as combining the actual circumstances of CAFTA, it brings forward the strategies of the legal regulation model of establishing CAFTA comprehensively and pragmatically, which mainly include combining the statute law and legal precedent, and emphasizing the flexibility of the means of enforcing the law in the legal resources level; combining basic laws and derivative laws, and protruding the importance of dictation in the legal application level; and constituting strict technical standards, and perfecting the system and administration of the rules of origin in regulating trade deflection level.This dissertation is divided into five parts. Part one is going to discuss about "The background introduction, the legal framework, the content of main legal documents of CAFTA, and other basic theories problems". Part two will discuss about "The problems of CAFTA in it's legal regulation model, which include different legal cultures of interior countries, different economic developing levels of interior countries and interior trade deflection ." Part three will focus on theoretic basis and examples on "solving the problem of different legal cultures of CAFTA's interior countries by introducing and analyzing relevant experiences of the European Union." Part four will introduce and analyze the relevant experiences of the North American Free Trade Area, and provide theoretic basis and examples for solving the problems of different economic developing levels of CAFTA's interior countries and interior trade deflection. Chapter five will look on "the expatiation and deep research on how to establish CAFTA's legal regulation model, and the reasonable prospect for the establishment of China, Japan, South Korea-ASEAN Free Trade Area."... |
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