The Development And Improvement Of Rule-oriented Dispute Settlement Mechanism

International economic and trade integration and interconnection have promoted the shift of the economic strength of the world’s major countries and the evolution of the international role.Under the influence of the coupling effect,the organized,institutionalized and normalized consultation and exchange and mediation and coordination between them have become the main way to deal with the relationship between countries and solve the contradiction of economic interests between countries.On this basis,the dispute settlement mechanism in the field of international economy and trade is constantly evolving to adapt to the development of international economy and trade,which requires the dispute settlement mechanism not only to make a ruling,but also to ensure the timely efficiency and full rationality of the ruling.In this process,the operation practice of the dispute settlement mechanism is its top priority.The previous dispute settlement mechanism,represented by the GATT dispute settlement mechanism,is a typical power-oriented dispute settlement mechanism.It has a strong hegemonic color and power-oriented characteristics.Powerful countries obviously occupy a rolling advantage.It relies on its own strong economic forces and resorts to diplomatic means to achieve its influence.It presents a long-standing problem of diplomatic orientation,strength orientation,and non-legalist methods.There are outdated defects that hinder the interaction and benign development of international economic and trade.With the improvement of rules in the field of international economy and trade,the rule-oriented dispute settlement mechanism with WTO dispute settlement mechanism as a typical representative is becoming more and more mature,showing an update iteration with judicial tendency,rule orientation and legalism method.The subsequent RCEP and CPTPP dispute settlement mechanisms have the remarkable characteristics of rule-oriented dispute settlement mechanism and become a new representative of rule-oriented dispute settlement mechanism.The rule-oriented dispute settlement mechanism plays an important role in promoting the sound development of world economy and ensuring the prosperity and stability of the economic and trade fields.It is worth further studying its development context and improvement path.The development and improvement of the dispute settlement mechanism is not achieved overnight,but there is a clear logical context.The international trade dispute settlement mechanism mainly includes two types:power-oriented dispute settlement mechanism and rule-oriented dispute settlement mechanism,showing a trend of gradual transition from power-oriented to rule-oriented.Among them,the GATT dispute settlement mechanism,as a typical representative of the power-oriented dispute settlement mechanism,had certain progressive significance and value at the beginning of its creation.However,with the continuous development of international economy and trade,it gradually exposed obvious drawbacks and outdated defects,and was finally replaced by the rule-oriented dispute settlement mechanism.WTO,RCEP and CPTPP dispute settlement mechanisms have become typical examples of rule-oriented dispute settlement mechanisms because of their progressive characteristics of judicial tendency,rule orientation and legalism.The creation of any dispute settlement mechanism is by no means a once-and-for-all process,but a result of continuous optimization and improvement in the process of operation.In the different stages of the development of the rule-oriented dispute settlement mechanism,the WTO dispute settlement mechanism has gradually revealed defects,which are manifested in the sluggish appeal procedure of the WTO dispute settlement mechanism,low operating efficiency,lack of transparency,and lack of diversified dispute settlement methods.At the same time,the RCEP and CPTPP dispute settlement mechanisms have learned from the experience and lessons of development and have been improved and developed on the basis of the defects of the WTO dispute settlement mechanism.The development and innovation of RCEP for the WTO dispute settlement mechanism are reflected in:promoting consultation as a necessary procedure to resolve disputes;give full play to the autonomy and efficiency of the rule-oriented end solution mechanism;highlight the connection between the stages of rule-oriented dispute resolution;flexible adaptation to the differentiated characteristics of Asia-Pacific countries to meet the actual needs of developing countries in dispute settlement.The development and innovation of CPTPP on the WTO dispute settlement mechanism is reflected in:by canceling the appeal procedure,implementing the " first instance final adjudication"and constantly emphasizing the professional quality of members;by shortening the time limit for dispute settlement,and constantly improve the efficiency of dispute settlement;by playing the role of" amicus curiae," the openness and rationality of dispute settlement are continuously improved;by enhancing the supervision and participation of the public,we will continuously improve the transparency and fairness of dispute resolution.On the basis of studying the development of the rule-oriented dispute settlement mechanism,it can provide useful suggestions for the improvement of the rule-oriented dispute settlement mechanism.The suggestions for the improvement of the WTO dispute settlement mechanism mainly include:respecting the objective development law of the WTO dispute settlement mechanism and facing the suspension of the appellate body;learn from the RCEP dispute settlement mechanism,develop and improve the WTO dispute settlement mechanism consultation process;learn from the CPTPP dispute settlement mechanism,optimize the appeal process,and attract third-party participation.The suggestions for improving the RCEP dispute settlement mechanism mainly include:clarifying the scope of cases and types of disputes applicable to the RCEP dispute settlement mechanism;build exclusive relief rights system design exclusive to the least developed countries;add professional dispute settlement management institutions to improve credibility.The suggestions for improving the CPTPP dispute settlement mechanism mainly include:balancing the efficiency of dispute settlement and the fairness of adjudication;optimize and adjust the political solution according to the actual needs of dispute settlement;the provisions on the random selection of the chairman of the expert group need to be further refined and clarified.Finally,the starting point and foothold of in-depth study of the rule-oriented dispute settlement mechanism are to enhance China’s participation and influence in the field of international trade dispute settlement.Based on this,the Chinese responses to the development of the rule-oriented dispute settlement mechanism are:adhering to the principle of consultation,co-construction and sharing,changing from passive participants to active advocates;cultivate compound talents for international economic and trade dispute settlement,and attach importance to transporting professional talents to international organizations;give full play to the advantages of location to build a legal service chain of dispute settlement mechanism and enhance the transparency of dispute settlement information;in-depth study of rule-oriented dispute settlement mechanism,enhance the ability of rules and strategic thinking.