Research On The Legal System Of China Higher Education Service Trade Under GATS

Whether higher education services can be a form of trade,from the beginning to the present,there is a process of gradually changing from non-recognition to recognition,in which the "General Agreement on Trade in Services"(hereinafter referred to as GATS)plays a vital role.People gradually realized that the public welfare and profitability of higher education can coexist.GATS does not clearly define the types of higher education service trade.For example,whether higher education intermediary services and education examination services belong to higher education service trade depends on the attitude of each country(region).However,GATS has clarified four modes of higher education service trade namely,cross-border provision、overseas consumption、commercial existence and natural person existence.Regarding the legal documents of higher education service trade,there are not only universally binding international conventions like GATS,but also the "21st Century Declaration",which is an important cornerstone and guiding principle in the legislation of higher education service trade in various countries(regions).In addition to global international conventions,a large number of regional conventions and bilateral treaties have content related to higher education service trade,and present a trend: it is impossible to reach a unified consensus on the opening of higher education service trade in various countries(regions),and mutual recognition of academic qualifications It has been accepted by more and more countries(regions),and a supporting legal system of education quality assessment institutions has been produced.Countries(Regions) that trade in higher education services can be roughly divided into two categories.In the first category,the United Kingdom and Australia represent the exporters of higher education service trade,and the exporters are often developed countries.These countries are often not very open to higher education service trade,or even lower than the global average.However,they hope to enter the higher education service market of other countries(regions) or regions and have a higher level of openness to the higher education service trade of other countries,so as to obtain rich benefits.The second category is that South Korea and Hong Kong are the recipients of higher education service trade.The recipients are generally economically more developed.The rapid economic development and insufficient high-quality higher education resources are in conflict,and they hope to get more and better quality.However,considering their own educational sovereignty,cultural tradition and other factors,they often present some restrictions.my country is currently still in the role of a higher education recipient,hoping to obtain high-quality higher education resources.On the other hand,in some of the disciplines that are in a superior position in China,my country can also export higher education services as an export direction.By introducing the relevant experience of the exporter and receiving legal development of higher education service trade,it provides valuable experience for the development of my country’s higher education service trade legal system.By interpreting my country’s GATS’s Commitment Table for Higher Education Services,and analyzing my country’s open commitments to higher education service trade according to the four models defined by GATS,it is found that my country’s commitments to the education sector are relatively extensive,covering 5 education sectors.At the same time,no more restrictions are imposed on the four modes of higher education services,and higher education services are at a very open level.And through the systematic review of Chinese laws related to higher education service trade,it is found that there are some problems in Chian higher education service trade legal system.First,China current domestic laws are in conflict with Chinese WTO commitments,which are mainly related to opinions on the profitable nature of higher education service trade.Second,the formulation of laws on China higher education service trade mainly focused on before and after China’s accession to the WTO.Many laws have not been revised after20 years,and they cannot adapt to the development of society,exposing many problems.Third,there are insufficient legislation in the laws of higher education service trade and the related legal documents are at a low level and there is a lack of detailed regulations at the legal level.High-quality higher education resources have always been scarce in China.Since 2018,the Ministry of Education has forbidden universities to set up undergraduate education branch campuses outside the headquarters.Many economies are developed but lack high-quality higher education resources,but local governments such as Shenzhen and Suzhou have always hoped to introduce high-quality higher education.Educational resources provide impetus for the innovative development of the city.In this article,I mainly examine the mode of Sino-foreign cooperation in running schools,taking the visual communication undergraduate education of the cooperative school project between our school and Rayli University in South Korea as an example,and put forward some specific analysis.In response to the above problems,I proposed a practical and effective modification path.With the rapid development of the free trade agreement,China higher education service trade can take a step forward.