欧亚经济联盟运行机制及其法治化路径

欧亚经济联盟作为近年来一个新兴的区域经济一体化组织,已经成为推动欧亚地区经济发展的重要力量,它以《欧亚经济联盟条约》为法律基础,并形成了以决策机制、关税同盟、争议和纠纷解决机制为主要内容的联盟运行机制。在具体运行中,由于大国政治、经济因素,决策机制出现了俄罗斯主导倾向,关税同盟存在着统一关税执行难、关税分配不平衡的困境,纠纷解决机制中的司法主权冲突问题。发展欧亚经济联盟需要将其运行机制朝向法治化方向发展,包括夯实联盟运行的法治化基础、强化主权平等下的决策机制、利益合理分享的关税同盟,以及联盟与成员国司法权平衡。欧亚经济联盟对中国"一带一路"具有极大影响,在法律框架下将两大项目对接是共同发展的最优选择,也是中国与欧亚经济联盟共赢的法治途径。

Operation Mechanism of the Eurasian Economic Union and its Legalization Path

As an emerging regional economic integration organization in recent years,the Eurasian Economic Union has become an important force in promoting the economic development of the Eurasian region.It uses the Eurasian Economic Union Treaty as the basic law and has formed a union operation mechanism with the decision-making mechanism,customs union and dispute resolution mechanism.In the specific operation,due to the political and economic factors of the big powers,the decision-making mechanism has a tendency of Russia’s dominance.The customs union faces the dilemma of unified tariff enforcement and the imbalanced tariff distribution,and the judicial sovereignty conflict in the dispute resolution mechanism.The development of the Eurasian Economic Union needs to move its operational mechanism towards the rule of law,including consolidating the legal basis for the operation of the union,strengthening the decision-making mechanism under the condition of sovereign equality,and balancing the judicial power between the union and member states,intensifying the decision-making mechanism under sovereign equality,forming customs union with reasonable benefits distribution,and the balancing of judicial power between the union and member states.The Eurasian Economic Union has a great influence on China’s"One Belt,One Road"development.Under the legal framework,the docking of the two major projects is the best choice for common development,and it is also the way of achieving the rule of law for the win-win situation between China and the Eurasian Economic Union.