Dispute Settlement 争议解决, 2015, 1(4), 47-51
Published Online December 2015 in Hans. http://www.hanspub.org/journal/ds
文章引用: 柴松霞. 海峡两岸贸易争端解决机制的法理基础探析[J]. 争议解决, 2015, 1(4): 47-51.
The Legal Analysis of Trade Disputes between Mainland and Taiwan
Law School, Tianjin University of Finance & Economics, Tianjin
Received: Dec. 10th, 2015; accepted: Dec. 24th, 2015; published: Dec. 30th, 2015 Copyright © 2015 by author and Hans Publishers Inc.
This work is licensed under the Creative Commons Attribution International License (CC BY). http://creativecommons.org/licenses/by/4.0/
With the frequent contacts between Mainland and Taiwan, trade relationship has got substantial development. Meanwhile, trade frictions and disputes increased. To solve the problems, China needs to improve constitutional and international law basis. After all, Mainland and Taiwan both belong to civil law system, especially they both inherit Chinese law sprits. Since Mainland and Taiwan are in the same cultural root homology, enhancing exchanges and consultation through the ARATS and SEF, paying more attention to the roles of “soft law”, such as folk rules and so on, and making the thinking of work clear in civil and commercial adjudications, can be possible to establish a dispute settlement.
Mainland and Taiwan, Trade Disputes, Legal Basis