Movement Of Natural Persons Under GATS And Chinese Countermeasures In Legislation

Movement of Natural Persons (MNP), that is supplying a service by a service supplier of one member, through presence of natural persons of a member in the territory of any other member, is one of the four modes of conducting international trade in services. Promoting the free movement of natural persons is the demand of development of international trade in services and economic integration. However, importing and exporting countries take measures impeding the movement of natural persons.In order to weaken those barriers towards MNP, GATS bring MNP into its scope. WTO supplies a place negotiating for free MNP, the Rules and Procedures Governing the Settlement of Disputes provide regulations for settlement of disputes in international trade in services arid GATS builds the basic legal frame of MNP. Furthermore, Members of the WTO make specific commitments on MNP which stipulate specific rights and obligations, constituting the kernel of the legal system of MNP. The present specific commitments have some defects which need improvement. The paper gives some suggestions as follows: widen and deepen commitments concerning MNP, add more types of natural persons for entry to guarantee more participation of developing countries, reduce restrictions to improve defmiteness, and deploy "GATS Visa" regime and a model schedule.There are many defects in our present legal regimes on MNP in China. After entering the WTO, these legal regimes need to be improved according to the regulations of the WTO and Chinese specific commitments. The paper give some suggestions as follows: establish a unified administrative unit and stipulate specialized laws on labour export, reform our visa regimes, improve and perfect regulations on administration of foreigners' employment, unify the domestic standards of authentication and permission of qualifications, take an active part in the WTO's negotiations in order to promote other members to make specific commitments beneficial to China and improve and perfect the conditions of human capital.