Norms And Challenges Of Higher Education Internationalization:Legal Perspective

International exchanges have become increasingly frequent;globalization has become an indisputable fact.Today,one of the most prominent issues of globalization is the production of new social divisions,which has two totally opposite aspects,"absorb" and "exclusion",many social problems are derived from this,and the internationalization of education has no exception.The internationalization of education cooperation history can be traced back to the eighty's of last century,with the joint efforts of the international organization for years,in which UNESCO and the Asia Pacific Economic Cooperation Organization and the European Union led to make a lot of work,forming a large number legal text as convention,agreement,proposal and declaration,guide etc,which play a huge role in coordinating international cooperation in education.But increasingly "Amalgamation of Ice and Fire" situation of internationalization of education and difficult negotiations in cross-border education,we couldn't help rethink the legal issues of cooperation on education internationalization.This paper use generalized concept of legal concept to analyze the general meaning of the internationalization of higher education,involving the principles of law,legal form,legal content and case analysis etc.Research areas involving only the internationalization of education development and legal policy of quality of international higher education guarantee,relevant legal problems of higher education qualification accreditation,the international protection of intellectual property rights.The main content of this paper is divided into five parts:The first part,basic law principles of the internationalization of education.The basic law principles of internationalization of education within the education international cooperation in all aspects,which is the education standard to promote international cooperation and coordination,including state sovereignty and educational sovereignty principle,eliminating barriers and trade liberalization principle,public welfare and profitability principle,pacta sunt servanda and deal with each case on its merits principle.National sovereignty and educational sovereignty principle means to the domestic international affairs and domestic education enjoys the highest right and independent,and to enjoy the equal right to participate in international education services.The elimination of barriers and the principle of free trade is from the general agreement on trade in services advocated principles,should be fully implemented in the education service trade.Public welfare and profitability principles is the principle of international education,especially the special circumstances faced China education of Sino foreign cooperative innovation implementation,should be innovated and put into practice in China,pacta sunt servanda is the basic principle of international law,when confronted with specific conditions should be treated with difference according to their own situation.The second part,the legal form in regulating education international cooperation.The legal form in regulating education international cooperation is the legal carrier of education international cooperation,which appears as "hard law","soft law" and organizational arrangements in regulating education internationalization cooperation."General Agreement on Trade in Services","Lisbon Treaty" and "Regional Convention on the Recognition of Studies,Diplomas and Degrees in Higher-Education in Asia and the Pacific" because of the multilateral cooperation and the binding legal force play a decisive role in origin of internationalization of education hard law."Soft law" in adjusting the education of international cooperation has its unique value,which is the essentially complementary to "hard law".But in the long run,"Soft law" in regulating the education international cooperation presents the hardening trend.Adjusting education international cooperation organization in addition to the traditional treaty organization,also at least includes intergovernmental forum organization,joint mechanism(programs)between countries and multilateral treaty organization,all of which have their own characteristics.In the future,the organizational arrangement will provide platform and place for cooperation,and play a greater role in participating in international educational negotiations,promoting cooperation result,implementing cooperative efforts.The third part,the legal problems of international higher education quality assurance.Quality is the lifeline of education,the international education reputation and the test of reality.The enhancing of education quality in one country lies in the forming of a solid quality culture.Because of the complex international situation and other factors,the international higher education quality assurance is still a false statement sometimes in many places.The international community has made great efforts for cross-border higher education quality assurance,which result in quantity quality assurance agencies and diverse quality security paradigm.China,as the traditional education input power,is focusing on the education output recently.Higher education quality assurance system should adhere to certain principles to develop.Chinese cross-border higher education quality assurance system should be constructed from the system design,the external quality assurance and internal quality aspects,with China characteristics,The fourth part,the qualification accreditation standards and challenges of higher education.The mutual recognition of higher education qualifications is emerging all over the world,different from the academic qualifications,the mutual recognition system is vital in promoting the personnel flow,especially professional service personnel in the global scope of the transnational flow,increasing employment and entrepreneurial opportunities,strengthening the depth of cooperation in the field of Higher Education and is of significance to improve the special industry personnel employment level and quality.In the global scope,because of the different content of vocational education and training and other factors,the higher education qualification accreditation is not very high,especially in developing countries like China,because the vocational education level is not in high quality,the legal system of recognition is not perfect,"international certification"seized most of the market.The so-called mutual recognition of qualifications and agreement even signed,the effect of which is not so satisfactory.Within the qualification accrediton agreement,the General Agreement on Trade in Services has become the first choice for accredotpm because of its multilateral and flexibility.Many bilateral and multilateral vocational qualification recognition agreements take this as the model.Chinese mainland signed Closer Economic Partnership Arrangement with Hong Kong SAR and Macao SAR,but from the aspect of actual effect,it dosn't pave a solid legal basisi for recognition of professional qualifications.Our country should establish higher education international qualification accreditation system in the international framework,modify the Vocational Education Law,Labor Law from China's national conditions,draft the Employment Promotion Law,formulate Professional Qualification Certificate Regulations,standard vocational education and training with legal norms,treat international accreditation challenges correctly,and effectively improve the education quality of the professional qualification,convergence with the international vocational qualifications,improve the qualification certificate of international reputation and value.The fifth part,the legal issues of international education intellectual property protection.The protection of intellectual property rights is the basic legal system for education and cultural prosperity and closely related to education law.Because of the non-perfect legal system,weak consciousness of intellectual property protection,new aspects of intellectual property rights taking internet as a symbol and other reasons,cross-border higher education intellectual property rights protection still in a worrying situation.The World Intellectual Property Organization has made sustained efforts to promote cross-border intellectual property protection,forming patent,trademark and copyright related international conventions and treaties,and played important role in promoting the implementation of intellectual property rights protection,enhancing international intellectual property rights'comprehensive and divers,and protecting high-tech products,the network as a symbol.USA,European Union,Singapore,as the intellectual property rights protection vital body,whose good measures worth learning.Although our country has established relevant legal norms,due to the coordination,administrative,law enforcement and other reasons,the protection of intellectual property rights,especially cross-border education intellectual property protection is very weak.We should base on the existing intellectual property protection law,strengthen legal system construction and international cooperation,and enhance university-centered higher education intellectual property rights protection.