Ecfa Framework Of Cross-strait Economic And Trade Under The Dispute Settlement Mechanism

·Cross-strait economic and trade relation,was improved from the"small scope of three direct links"breakthrough, to the " full three direct links "realization, and finally, on June 2010 ushered in the cross-strait Economic Cooperation Framework Agreement (ECFA). The signing of the ECFA opens the new chapter of cross-strait grand exchange, cooperation, the fusion and development. As Cross-strait economic warms up continuously, the ensuing economic and trade disputes between two sides increased not only in numbers, but also in new types. The flaw of existing dispute resolution mechanisms appears gradually,which is hard to meet current cross- strait remedy demand. It is essential to focus on the dispute resolution mechanism under the ECFA framework. This paper will use the comparative historical research method to comb cross-strait economic and trade development history and current methods of dispute solution, and make a thorough inquiry into existing dispute settlement of dispute solution under the mode of comparative analysis. meantime, by adopting the sociology of law analysis method, the paper made an inspection to social foundation, status of different dispute resolution in the context of cross-strait economic and trade relationship, and dialysis out "local knowledge" of these disputes in the concrete application of the solution, provided practical reference for cross-straits economic dispute resolution mode selection under ECFA framework and the ADR collaborative using technology. This paper is divided into three parts. The first chapter hackled cross-strait economic and trade development context, analyzed the micro level of enterprises investment disputes and macro level of industry competitive disputes and concluded the four characteristics of strait economic and trade disputes. The second chapter summarized the current cross-strait economic dispute resolution laws and regulations and the corresponding dispute solution, emphatically analyzed both the advantages and disadvantages of the approaches of dispute resolution, to provide the realistic ideas reference to building new dispute resolution mechanism in the next chapter. The third chapter continued giving necessity and possibility demonstration of cross-strait regional economic and trade arbitration center under the ECFA frame and the preliminary Settings of specific operation procedure. What is more, this chapter fully exploits the dispute resolution resources, which is common for both Taiwan and the mainland, and demonstrates the plural remedy technology of collaborative application,such as mediator role-playing technology, Mediation - Arbitration combination technology and "five relationship" dispute remedy technology, etc .