The Research On Legislation Of International Trade Of Tour Services Under The WTO Frame

In recent years, with the development of tour market world-wide, tour industry has been the biggest industry in the world (WTTC pointed in 1996 that tour industry is the biggest industry in the world accounted by economic index no matter the index of gross production or the index of capital of investment or revenue contribution). The domino effect of it influent the world greatly. As the leading and driving engine, tour industry gained rapid growth in previous 20 years in China. And China had topped the Asia in receiving foreign tourists. And World Travel Organization predicted many times that China will be the top country for receiving foreign tourists and rank forth as the country for tourists output. China had accumulated rich experiences in its management model, tour industry role and development aim. With special advantage, such as unique natural resources and historical relics, the international travel industry of China particularly draw overseas tourists'eyeballs. It enhanced the infrastructure, employment and made the rapid growth of Chinese economy.As the basic element, the legislation of international trade of tour services plays important role in the development of international tour industry. The quality of this legislation will affect directly the quality of development of international tour industry. With the high-level and bettered legislation, the law of international trade of tour services will enhance the whole industry. It will accelerate the import of developed experience of managing hotel and travel service, boom the accordance between Chinese international tour industry and international tour industry of the developed country, and make china more open in international tour industry. Then, Chinese company will be boomed in such a competitive market. Opening to the world, entering the WTO and signing GATS, china must speed up the legislation of international trade of tour services. Though china had promised in GATS concerning the tour industry, the Chinese tour industry still has own problem and its legislation is not accorded with GATS. We need to make new legislation and adjust previous law or role of international trade of tour services considering own characteristics.The significance of this thesis as below: Firstly, the research by perspective of international law on the legislation of international trade of tour services will boost the research of whole international travel law of china. This thesis specifically researches the current situation and defect of international travel law of china and analyses the influence of GATS to our legislation of international trade of tour services. The thesis aims to offer suggestions for both legislation of international trade of tour services and the legislation of .Secondly, the research by perspective of international law on the legislation of international trade of tour services will give suggestions for the development of china's international tour industry and will be helpful in analyzing china's current strategies in order to enhance the development of china's international tour industry.This thesis mainly researches the above aspects by means of contrast, exemplification, conclusion and deduction. And it includes four chapters.The first chapter clarifies the concept of international trade of tour services, its classification and the international trade of tour services barrier. This chapter introduces the concept and characteristics of travel, international travel and international trade of tour services. And then, it clarifies the classification of international trade of tour services and analyzes the barrier issue.The second chapter clarifies the concept, characteristics and content of the law of international trade of tour services. It introduces the principals applied by GATS to trade of tour services. This chapter summarizes the definition, subject and representation and content indicating three principals, the principal of market admission, the principal of nondiscrimination and the transparent principle.The third chapter analyzes the promises china had given in GATS by its frame and content. It analyzes detailly the"general promises"and the"detail promises". And this chapter tells the demerits of the legislation of international trade of tour services, indicating the legislation of international trade of tour services is not systemized and some parts of it is blank, such as the"Travel law", the"International special law"and the"Traveler protection law". And the laws and rules in general are not stable and powerful. Concerning the detail demerits, the writer indicates the"unstable"feature, and the example is"The rule about tips and kickback in tour services". Some laws are different from the rules of the principal of market admission, the principal of nondiscrimination and the transparent principle of GATS, such as"changeable price"and"internal regulation". The law like"The temporary rule concerning hotel administration"can be adjusted and improved.The fourth chapter gives suggestions of the legislation of international trade of tour services indicating the legislation should not only reflect the characteristics of china but also be innovated. It should coordinate with the GATS rules, the regulation of World Tour Organization and the promises china had given in WTO. The writer suggests to legislating"Travel law","The law of promoting international tour services"and"The traveler protection law"and making"rule of international tour disputes settlement"The conclusion of this thesis as below:1. Concerning the characteristics of china's international tourism, legislating"Travel law"in order to regulate the tenet, fundamental policies and principles and the rights and duties. Make it a general law regulating and promoting the international travel of china.2. Legislating"The law of promoting international tourism"in order to encourage people, groups and organizations to accelerate the international tourism of china.3. Legislating"Traveler protection law"in order to protect rights or all travelers. We should especially protect foreign travelers because their unfamiliarity of china's law and weakness in lawsuit4. Revising the current laws and rules of international trade of tour services. It means to supplement, revise and improve the current laws and rules of international trade of tour services under the GATS frame. Increasing the transparency and authority of laws concerning international trade of tour services.5. Coordinating laws and rules of international trade of tour services with other laws concerning tourism. And making rules for international trade of tour services dispute settlement.The innovation of this thesis as below:This thesis analyses the legislation of international trade of tour services, clarifies current situation of its legislation, indicate the demerits of concerning laws and rules and suggest for the improvement of international trade of tour services of china.