Preliminary Study On The Legal Issues In The Construction Of Asean Framework For Regional Comprehensive Economic Partnership

This paper mainly introduces the summary of the ASEAN Regional Economic Partnership Framework(RCEP)negotiation,compares and analyzes the controversial focus of the existing five ASEAN +1 free trade agreements and the RCEP negotiation process,and predicts the possible future trend of RCEP negotiations.At the same time,by analyzing the opportunities and challenges faced by RCEP negotiations,we will provide reasonable proposals for China's participation in RCEP negotiations.This paper is based on the existing five ASEAN +1 free trade agreements,combined with state parties after the end of the 17 th negotiations on the specific issues and positions of the negotiations,using relevant knowledge of international economic law and the law of World Trade Organization,from the trade in goods,trade in services,investment,intellectual property,competition and cooperation,and dispute resolution.Through analyzing the negotiation process,it points out several major controversial issues in the RCEP negotiations: tariffs on trade in goods,the model and the Sino-Indian dispute,the negative list of trade in services and the formulation of the schedule of commitments on trade in services,the investment agreement in the negative list of principles and the initial list of reservations,together with the lack of performance requirements in China and the provisions of the national treatment without prejudice.In the third part of the article,we have made a detailed analysis of the challenges facing the current RCEP negotiations,and pointed out that RCEP now has the double strategic opportunity,that is United States to withdraw from the TPP,China promote the construction of Belt and Road Initiative and this strategic opportunity is commendable.At the same time,the RCEP is also faced with the possibility of further intensifying the "spaghetti bowl" phenomenon,the conservative attitude of India,the influence of RCEP countries in the absence of free trade agreements and the problems and obstacles encountered in the RCEP negotiations.But overall,RCEP negotiations opportunity is greater than the challenge,I believe all the participating countries work together,work hard,can finally build the coverage of the largest population in the world,the high level of free trade area..On this basis,based on the opportunities and challenges faced by RCEP,the author puts forward some suggestions for our country to participate in the RCEP negotiation in the future :First,we should further promote the "Belt and Road" strategy,seeking the docking of "Belt and Road" construction and RCEP;Secondly,we should actively promote China-Japan-Korea free trade zone negotiations and open the Sino-Indian free trade zone negotiations for the smooth implementation of RCEP negotiations favorable conditions;Third,we must further deepen the reform,promote domestic transformation and upgrade of the industry;Fourth,we must strengthen the construction of the rule of law in the country,comprehensively improve the level of the rule of law,build a government under the rule of law,achieve a comprehensive strategic goal of governing the country,...