Research On The Application Of Soft Law In Regional Economic Integration

Since the 21 st century,under the impetus of economic globalization and regional economic integration,the world economic cooperation and development has shown many new situations.Faced with the increasingly fierce development trend of world economic competition,countries and regions expect to gain more advantages in the world economic competition through more in-depth economic cooperation.With the establishment and development of the socialist market economic system,China’s regional economic ties and development has been expanding,forming a number of regional economic areas,the continuous development and expansion of these economic regions to promote China’s regional economic integration process.In particular,after China’s accession to the WTO,with the regional economic integration process in the vertical and horizontal economic ties have been widely strengthened,soft law in the regional economic integration process plays an important role.This paper is divided into five parts.The introduction introduces the significance of applying the soft law in the regional economic integration,the research status and the research methods of the soft law at home and abroad.The first chapter,"regional economic integration and soft law application" introduced the concept of soft law that soft law is not mandatory law binding,do not use the national coercive force to protect the implementation of the expected effect can produce the code of conduct.The main forms of soft law are regional administrative agreement,regional policy,regional professional standards,regional industry self-discipline.The application of soft law has the characteristics of making the equality and pluralism of the subject,making the procedure flexible,manifesting in various forms,and not relying on the implementation of the national public power protection soft law.Through theapplication of soft law,can make up for the lack of hard law in the regional economic regulation and control,reduce the cost of regional economic governance,in response to the needs of public governanceThe second chapter "The problem of the application of soft law in the regional economic integration" puts forward the problems that the soft law has obstructed the soft law and the lack of the soft law in the process of implementing the soft law in the establishment of the subject and the authority is not clear,Effective protection,lack of accountability,lack of dispute resolution and other issues.The third chapter: Application and Enlightenment of Soft Law in Economic Integration of Extraterritorial Regions.This paper introduces the application of soft law of ASEAN Free Trade Area and EU,the experience and the enlightenment to our country: formulate special regional economic decision-making body,establish dispute resolution mechanism,Focusing on public participation and information exchange.The fourth chapter "the integration of soft law in regional economic integration" introduced from the soft law and the implementation of soft law to improve the two aspects.In the formulation of soft law,to clarify the soft law to develop the subject and authority;regulate the development of soft law procedures,fully absorb public opinion,to protect the soft law in the creative process of transparency,through hard law to regulate the basic laws of soft law.In the implementation of the soft law,to strengthen the state organs and various social subjects on the application of soft law supervision;to strengthen the application of the responsibility of soft law accountability,clear the main body and the responsibility of the main body,the provisions of the type of responsibility;the establishment of a special regional dispute resolution agencies,Increase the scope of dispute resolution,clear the scope of the use of disputes;to identify and make full use of soft and hard law of the relationship between each other.