Study On Law Countermeasures Of Trade In Construction Services After The Transient Period Of China's Accession Into WTO

On December 11, 2001 China became one of the members of WTO. During the five-year transient period, with the domestic market of construction industry opening to the outside world, a great numbers of foreign investment construction enterprises have been admitted to undertake and contact projects in the territory of China. Abiding by the WTO promises on construction industry and the merit of General Agreement on Trade in Services, Chinese government has implemented relevant measures imposed on enterprises and industries, which has contributed to the maturity of construction management institution. Nevertheless, there are many problems in the globalization of construction industry. This article proposes several legal countermeasures against trade in construction services in China on the base of canvassing rules pertinent to WTO, construction management institution, especially legal system of trade in construction services at home, and using WTO members' experience regarding to undertaking technical barriers of market access of trade in construction services for reference.Accompanied with the opening of construction market to the outside in China, gradually open management institution of construction market has been established. In the process of opening, administration by the government experienced a transit from a government-oriented mode to a combined mode droved by government and other stakeholders; normalization and legal institutionalization applied to enterprises reconstruction activities step by step has brought about management upon construction enterprises go forward to scientification, modernization and internationalization; more intermediary organizations such as trade associations have been set up and their actions have been ruled, meanwhile, their function of service has been further exerted. In the multi-level and comprehensive management mechanism aforesaid, management by law stands on the top. Hereby, the opening of construction market to the outside in China has just been regulated by laws regarding trade in construction services.This article has made a thorough study on the issues hereunder:1.The article addresses to promises in the field of trade in construction services made by WTO main members, especially to their experience with respect to undertaking technical barriers of market access of trade in construction services, which could be used for positive reference to establishment and maturity of legal system of trade in construction services in China.2.The theoretical foundation of legal system of trade in construction services, the Theory of Instructional Economics, Jurisprudence and the Theory of Governmental Regulations, has been called for in this article. It sets foundation for a deep research on the legal system of trade in construction services and its improvement.3.Based on the introduction of the conception, characteristics and development of trade in services and trade in construction services, the article emphasizes on WTO promises on construction services and primary laws executed in the domain of trade in construction services during the transient period after China's accession to WTO. Meanwhile, it identifies several issues occurred in the lawful management of trade in construction services and guides for the work of improvement upon the legal system of trade in construction services.4.Much more attention has been paid to WTO rules broadly adopted by WTO members to discipline their transnational trade activities, and to those rules relevant to trade in construction services in particular, which provides mandatory basis to configurate the legal system of trade in construction services.5.The article probes into legal countermeasures against trade in construction services in China after expiration of transient period, including corresponding protective measures should be taken for domestic construction industry and further effort should be made to its opening as well, which is a prerequisite for its globalization.6.Linked to the attribute presented by Shanghai 2010 world expo, namely, stadiums for the expo will be jointly constructed by native and foreign entities) , the article discusses lawful matters related to trade in construction services in the process of stadium-building. Furthermore, a legal problem relevant to qualification of foreign contractors responsible for expo stadium-building has been canvassed in the article.7.The orientation of further study has been advanced on the basis of a summary of the whole research in the article.