Research On The International Law Regulation Of The Cross-border Higher Education

As a form of education service trade,Cross-border higher education gets the breakthrough development that involves from country to country,between region and region of higher education.But with the continuous development of cross-border higher education,Education sovereignty,education quality problems has surfaced.In order to effectively solve the problem,this article introduced in detail from the Angle of the GATS framework four patterns of international law in this paper.The force of international law and the guidance function to the development of cross-border higher education has special significance.GATS framework defines four patterns of cross-border higher education:cross-border delivery mode,consumption abroad,commercial presence and presence of natural person.The entire article is in the context of the four patterns of the GATS framework.In this paper,the problem of four forms of cross-border high education under GATS is analyzed and they are regulated by international law.For the development of the four patterns,cross-border higher education development varies on behalf of the state.The main problem of cross-border delivery mode of cross-border higher education is cultural security hidden danger and legal basis confusion;Consumption abroad mode exists mainly two problems which are education fair and education quality.Business model main problems are that the host country education sovereignty is threatened and cross-border higher education business form is single;Natural flow pattern exists two problems that development is relatively slow and dependent degree is low.In terms of the problem of high education in the development progress,This paper improve the cross-border delivery models represented by network remote education through the guidance of conflict rules and the control of the applicable law and regulation.Secondly through the transparency principle,we can guarantee consumption abroad mode of education fairness and through the principle of national treatment to improve the quality of cross-border higher education.Finally,the most-favored-nation treatment principle introduces some form of commercial presence.The principle of market access improves barriers to entry the barriers to protect education sovereignty and promotes mutual impetus between patterns in order to better solve all sorts of problems of the cross-border higher education in the GATS framework.At the same time,the article finally introduces sight their cross-border higher education,and on the basis of the prior to the analysis of cross-border higher education which puts forward their own how to better the law regulation of cross-border higher education.There are three main performances.The first point pays attention to the systematization of domestic legislation.All four models of cross-border high education should be legislated rather than cooperative mode of operation.The second is to make up for loopholes through domestic legislation which our country's overly broad commitment to WTO accession is formed.The third point is the dual filing system for the qualifications of intermediary institutions of cross-border higher education.