Research On Legal Institutions Of The Economic Integration Of The Mainland China, Hong Kong, Macau And Chinese Taiwan In The Background Of CEPA And ECFA

In recent years, the economic cooperation of Mainland China, Hong Kong, Macau and Chinese Taiwan is closer. The agreements between Mainland China and Hong Kong. Macau. Chinese Taiwan have made advances. Mainland China has signed seven supplemental agreements with Hong Kong and Macau after CEPA (2003) (Closer Economic Partnership Arrangement) and CEPA is being perfected and abundant. In June 2010. Mainland China and Chinese Taiwan signed ECFA (Economic Cooperation Framework Agreement). It defined the economic cooperation relationship in the eyes of the law. The agreements have made a new adjustment in the economic relationship of Mainland China. Hong Kong. Macau and Chinese Taiwan and the economic cooperation will enter upon a new phase. Therefore, in the background of CEPA and ECFA. how to set up a new legal system of economic integration among the four areas is a new problem which need to research again. I think(?) we should set up a special legal system of economic integration which is fit for the four customs areas (Mainland China. Hong Kong. Macau and Chinese Taiwan). First. FTA is a certain choice. Second, when we are finding a suitable pattern, we should better not apply the CEPA. ECFA pattern directly. But. we can use the experience of CEPA and ECFA for reference because of some similar backgrounds and situations between the new system and CEPA. ECFA. Finally, the author gives some advices about the construction of the special situation of a free trade area model through the analysis of the advantage and deletion of the system. The first part of the thesis is an overview of CEPA institutional system. First, from the background of the signing of CEPA. the signing of CEPA is the right conduce which is done by to the central government and Hong Kong and Macao Special Administrative Region Government in the current international and domestic economic situation. Second. it introduces and summaries the supplemental agreements of CEPA in the past eight years which increase and enrich the content and the latest developments. Third. the thesis analyses the legal nature of CEPA. It uses the reference of the current main points of this issue. The legal nature of CEPA is the Regional Free Trade Agreement under the WTO framework. Finally, it analyses the characteristics of CEPA which is different from other agreements and do with comparative analysis about CEPA and the traditional free trade area (FTA).This analysis shows. CEPA has some characteristics which the FTA also has. It breaks through the traditional definition of free trade area, and it enriched and developed the content of bilateral free trade agreement. It is a special pattern of regional trade integration under the WTO system.The second part of the thesis is about the legal mechanism of economic and trade cooperation between Mainland China and Chinese Taiwan. This character reviews the political and economic background of the legal mechanisms of the trade and economic cooperation and there are three stages in the legal system for cross-strait economic and trade cooperation:unilateral cooperation mechanisms, multilateral cooperation mechanisms and bilateral cooperation mechanism. Currently, the bilateral cooperation mechanism has entered a new historic phase. It is the ECFA bilateral mechanism. And then, the thesis focuses the legal issues of ECFA. It includes the legal basis of ECFA. the legal nature of ECFA. the differences between CEPA and ECFA. This analysis of the basis issues of ECFA legal theories will pave the way for further study.The third part of the thesis is about the analysis of system. We should build up a special system of economic integration in Mainland China. Hong Kong. Macau and Chinese Taiwan areas. First, it analyses the lack of CEPA and ECFA in existing system. Although the two agreements accord with the special economic situation, it is not considered as the legal system of economic integration in the four areas directly. Second, it analyses how to set up the specific legal system of economic integration in Mainland China. Hong Kong. Macau and Chinese Taiwan areas. The free trade areas (FTA) should be chosen. as the form of the system, rather than regional economic integration arrangements in other forms. As to the system model, we should fully learn the advantages of CEPA and ECFA mode. Based on the above discussion. the author describes the thinking about the legal system of economic integration and makes several recommendations.