China Trade In Education Services Legal Issues Studied

Our country has already joined into WTO. The entry into WTO will exert an extensive and far- reaching influence on our country's service trade in education. While obtaining new opportunity for development, we must face the omni-directional challenge. We should change a lot of things, such as the structure of educational ideas, policies, legislations and government's function, to meet the development of our services trade in education. Recently our government has strengthened the breadth and depth of the educational legislation and issued a series of educational regulations and policies. This thesis proceeded with the concrete rules of GATS, introduced the current situations and commitments of educational trade in our country, and at the same time pointed out the main legal problems of our country under WTO frame. There are over 30,000 words in this thesis, which divided into three parts altogether besides the foreword and the conclusion. The following is the frame of this thesis.The author introduced the rules of services trade in education in the first part. At present, there are two kinds of definitions about educational service in practice. The author firstly compared the different definitions between WTO and UN, and then summarized the concrete contents of the education services. The author introduced the four service forms in GATS briefly next. The third subdirectory is the most important one of this part, which focused on the basic principles of educational service under WTO. Though the rules are the constitution of the whole service trade, we still need to give it a concrete analysis. The only reason is that it is too general and the educational service is some of special. Only through this way, we can realize the true situations completely and make the suitable law and policy out. At the end of this part, the author introduced the educational commitments of other countries in general and pointed out the realistic situations of the world educational trade.The second part of this thesis is transitional, which helps to lead to the third. The author only narrated four respects of our educational trade, which are the level and concrete promises the current situations and the deep influences from WTO.The third part of this article is the most important one, which pointed out the main problems of our country at present and then gave the legal suggestion. Though our country has already joined into WTO and made the concrete commitments to the educational trade through multilateral and bilateral negotiations, there still exist many conflicts among domestic regulations and the rules of WTO. There even have some legislative blanks in some very important trade fields so far. Education concerns the sovereignty and security of the state, and the law is the last protective screen to safeguard the national benefits, so the perfection of law and the strictness of law enforcement will exert a very great influence on the development of educational trade in future. But because of the limitation of materials, my views are unripe. First of all, I put forward the six problems which existed in legislative and administrative aspects. The first problem is basic and theoretical, which many scholars have argued for a long time. The reason of bringing it up again is that this problem is fundamental, which can supervise our government to work out the domestic regulations referring to the rules of WTO. The second problem is about whether the education can make profits, which are disputed at present. The nature of education has already been written into the constitution of our country, but the primary characteristic of educational trade is profit-generating. This conflict is principal, not technical. If this conflict can not be solved, it will hamper our educational trade to a great extent. The third problem is about legislative blanks in market access and national treatment. Then, in the next part, the author discussed the existed problems in educational co-operations with three parts, which are the basic teaching language the examination and approval about setting and the authentication of degrees. Anyway, the enforcement of law is very important, so in next part, the author pointed out the main problems about our government's supervision. At the end of the article, the author introduced how to carry out the principle of transparency in our country for keeping up with the WTO.