中國FTA實踐的原產地規(guī)則評析
發(fā)布時間：2019-03-20 18:47
【摘要】： 隨著經濟全球化和國際貿易的發(fā)展,包括原產地規(guī)則在內的各種非關稅措施被各國用于貿易保護的趨勢進一步加強。盡管經濟界和法律界人士對原產地規(guī)則的研究成果可謂汗牛充棟,但一般都是針對WTO多邊貿易體制下的非優(yōu)惠原產地規(guī)則,鮮有詳細論及優(yōu)惠性原產地規(guī)則、特別是FTA下的原產地規(guī)則者。本文正是基于FTA下原產地規(guī)則的重要性和中國目前缺乏相應研究的現狀,在借鑒NAFTA模式和PAN EURO模式原產地規(guī)則的基礎上,從中國FTA實踐的原產地規(guī)則中,根據其不同特征,創(chuàng)設了三個原產地規(guī)則模式,并進行評價,之后初步提出了中國FTA實踐的原產地規(guī)則的完善構想。全文分為三個部分。 第一部分首先論述了FTA的原產地規(guī)則構成要件,并以原產地判定標準為核心進行了重點探討,對現行的三種原產地判定標準,即加工工序標準、從價百分比標準和稅目改變標準逐一進行了分析;其次,對目前兩大FTA的原產地規(guī)則模式進行了實證分析,從原產地規(guī)則的構成要件入手,用定量分析的方式,對比NAFTA模式和PAN EURO模式的優(yōu)劣勢,找出二者具體制度的特色。 第二部分通過創(chuàng)設三個FTA的原產地規(guī)則模式,剖析評價了中國FTA實踐的原產地規(guī)則,在對產品特定層面和制度特定層面的研究中,指出其特征和缺陷。 第三部分對照第二部分所總結的中國FTA實踐的原產地規(guī)則的缺陷,提出了完善與改進中國FTA實踐的原產地規(guī)則的前瞻性的構想。
[Abstract]:With the economic globalization and the development of international trade, all kinds of non-tariff measures, including rules of origin, are being used for trade protection by countries. Although the economic and legal circles have done a lot of research on rules of origin, they are generally aimed at non-preferential rules of origin under the WTO multilateral trading system, and rarely deal with preferential rules of origin in detail. In particular, the rules of origin under the FTA. This paper is based on the importance of the rules of origin under FTA and the lack of corresponding research in China at present. On the basis of drawing lessons from the rules of origin of NAFTA model and PAN EURO model, according to the different characteristics of the rules of origin in China's FTA practice, Three models of rules of origin were set up and evaluated. After that, the perfect conception of rules of origin of China's FTA practice was put forward. The full text is divided into three parts. The first part discusses the constituent elements of the rules of origin of FTA, and focuses on the criteria of origin determination, and discusses the three existing criteria of origin, that is, the standard of processing procedure. The specific price percentage standard and the tax line change standard are analyzed one by one. Secondly, this paper makes an empirical analysis of the rules of origin of the two major FTA models, starting from the constituent elements of the rules of origin, comparing the advantages and disadvantages of the NAFTA model and the PAN EURO model by quantitative analysis, and finding out the characteristics of the two specific systems. The second part analyzes and evaluates the rules of origin of China's FTA practice by creating three rules of origin models of FTA, and points out its characteristics and defects in the research of product-specific level and system-specific level. According to the defects of the rules of origin in China's FTA practice, the third part puts forward the forward-looking conception of perfecting and improving the rules of origin of China's FTA practice.
【學位授予單位】：廈門大學
【學位級別】：碩士
【學位授予年份】：2009
【分類號】：D996.1
本文編號：2444511
[Abstract]:With the economic globalization and the development of international trade, all kinds of non-tariff measures, including rules of origin, are being used for trade protection by countries. Although the economic and legal circles have done a lot of research on rules of origin, they are generally aimed at non-preferential rules of origin under the WTO multilateral trading system, and rarely deal with preferential rules of origin in detail. In particular, the rules of origin under the FTA. This paper is based on the importance of the rules of origin under FTA and the lack of corresponding research in China at present. On the basis of drawing lessons from the rules of origin of NAFTA model and PAN EURO model, according to the different characteristics of the rules of origin in China's FTA practice, Three models of rules of origin were set up and evaluated. After that, the perfect conception of rules of origin of China's FTA practice was put forward. The full text is divided into three parts. The first part discusses the constituent elements of the rules of origin of FTA, and focuses on the criteria of origin determination, and discusses the three existing criteria of origin, that is, the standard of processing procedure. The specific price percentage standard and the tax line change standard are analyzed one by one. Secondly, this paper makes an empirical analysis of the rules of origin of the two major FTA models, starting from the constituent elements of the rules of origin, comparing the advantages and disadvantages of the NAFTA model and the PAN EURO model by quantitative analysis, and finding out the characteristics of the two specific systems. The second part analyzes and evaluates the rules of origin of China's FTA practice by creating three rules of origin models of FTA, and points out its characteristics and defects in the research of product-specific level and system-specific level. According to the defects of the rules of origin in China's FTA practice, the third part puts forward the forward-looking conception of perfecting and improving the rules of origin of China's FTA practice.
【學位授予單位】：廈門大學
【學位級別】：碩士
【學位授予年份】：2009
【分類號】：D996.1
【引證文獻】
相關博士學位論文 前1條
1 鄧永軍;貨物原產地規(guī)則研究[D];華東政法大學;2012年
相關碩士學位論文 前2條
1 滕曉燕;自由貿易協(xié)定下優(yōu)惠原產地規(guī)則協(xié)調性研究[D];中國政法大學;2010年
2 武青青;中國-新西蘭自由貿易協(xié)定原產地規(guī)則法律問題研究[D];廣東商學院;2010年
，本文編號：2444511
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