试论两岸经济争端解决的司法方法

Exploration on Judicial Method of Settling Economic Disputes Between Both Sides of Taiwan Straits

两岸应正视司法方法的运用,以解决彼此间的经济争端。运用WTO争端解决方法来处理两岸间的经济争端,局限性很大。建议借鉴北美自由贸易协定的分散型争端解决机制,强化东亚区域经济争端解决机制的司法特性,以资两岸经济争端的解决。为适应两岸区际经济立法的飞速发展,主张两岸区际经济司法能够及时跟进,适时成立两岸经济法院,强制管辖两岸间的经济争端。

Governments in both sides of Taiwan straits need to face up to the application of judicial methods, in order to settle economic disputes between each other. It has a great limitation to apply WTO dispute settlement method to settle it. It’s highly suggested that the distraction dispute settlement mechanism in North American Free Trade Agreement be used for reference. Judicial characteristics of dispute settlement mechanism in East Asian Region should be strengthened so as to settle the economic disputes between both sides of Taiwan straits. In order to boost a rapid development on economic legislation on both sides, it’s advocated that regional economic judicature follow up in time, economic courts be set up timely, settlement of economic disputes be strengthened.