Study On The Temporary Entry Rules Of Natural Persons In China’s Economic And Trade Agreements

In the current wave of economic globalization,global economic policy seems to revolve around the liberalization of cross-border flows of goods,services,capital and technology.The movement of labor force,especially the temporary movement of natural person has become increasingly important,but it is hindered by many national administrative,legal and public institutions.At the same time,in the process of implementing the GATS,the asymmetry between developing and developed countries has worsened.Some developed countries even adopt restrictive measures such as visa restrictions,residence requirements and qualification permit to make labor mobility very difficult.However,with the signing of the Regional Comprehensive Economic Partnership Agreement and other economic and trade agreements,China has been realizing a higher level of openness,and the labor flow problem has a new solution.However,based on the particularity of economic relations between countries,how to enrich and improve the design of natural person flow system in economic and trade agreements has become a practical problem.Therefore,based on the national conditions,this paper will study the design of temporary entry rules for natural persons in economic and trade agreements,and put forward improvement suggestions after a comparative analysis of the relevant systems of other countries’ economic and trade agreements.This paper consists of five parts:The first part,"Basic Theories of the Temporary Entry Rules of Natural Person in Free Trade Agreements",studies the basic theories related to the flow of natural persons,namely,the connotation,motivation,the concept of territory and country(border),the theoretical basis of the right of entry of foreigners and the evolution of the temporary entry rules of natural persons in economic and trade agreements.It is pointed out that natural person’s flow is an unrestricted social phenomenon in the perspective of international trade and the theory of international labor flow.Moreover,there are some shortcomings in our corresponding rules,such as vague description and unconcreted operation norm.Therefore,we should learn from other countries’ relevant rules based on comparative analysis.The second part,"Natural Person’s Temporary Entry Visa Rules in our Economic and Trade Agreements",studies the testing rule of pre-entry requirement in our economic and trade agreement,and compares it with other countries’ corresponding agreement rules.It points out that there is less demand for pre-requirement testing in our economic and trade agreements,but there are some shortcomings such as lack of transparency of pre-requirement testing rules and strong arbitrariness of application.It puts forward that we should classify servers by occupation and improve the transparency of testing in order to make clear the application of the pre-requirement testing rule.The third part,"Rules of Mutual Recognition of Temporary Entry Qualifications of Natural Persons in our Economic and Trade Agreements",studies the visa examination rules of natural person’s temporary entry in our economic and trade agreements,and makes a comparative analysis with the corresponding rules of other countries.It is pointed out that visa application is more convenient in our economic and trade agreements,there are flexible working holiday visas,but there are some shortcomings such as unclear visa categories and different issuing standards.It is proposed that special visa rules for temporary entry of natural persons and specific issuing standards should be set up to refine the application of visa rules.The fourth part,"the Testing Rules of Natural Person’s Pre-entry Requirements for Temporary Entry in our Economic and Trade Agreements",studies the mutual recognition rules of natural person’s temporary entry qualification in our economic and trade agreements,and makes a comparative analysis with the corresponding agreement rules in other countries.It is pointed out that the rules of mutual recognition of qualifications in our economic and trade agreements facilitate the flow of professionals,but there are shortcomings such as weak equivalence between vocational qualification certificates and vocational education,low participation of trade associations and lack of mutual recognition of qualifications withdrawal mechanism.It is proposed that we should actively seek international recognition of qualifications,strengthen personnel training to seek mutual recognition of qualifications and enrich the rules of qualification commitment recovery.The fifth part,"Proposed Draft of Provisions on the Temporary Entry Qualification of Natural Person in our Economic and Trade Agreements",summarizes and sublimates the problems mentioned above,and puts forward the concrete draft of provisions on the improvement of the provisional entry rules of natural person in our economic and trade agreements on the pre-requirement test rules,pre-requirement rules and mutual recognition of qualifications rules.The conclusion of this article is that,through comparative analysis,the temporary entry rules of natural persons in our economic and trade agreements have deficiencies in the prerequirement test rules,visa rules and mutual recognition of qualifications rules.We should further clarify the applicable procedure of pre-requirement test,simplify visa types and application procedures and facilitate mutual recognition of international qualifications,so as to guarantee the promotion role of economic and trade agreements on the temporary movement of natural persons.