A Legal Research On Market Access Of Trade In Service

As a sign of industry advancing ,trade in service ,developing faster than trade in goods since the 1980s,is getting more and more important among economic departments and has been viewed as a new trigger for economy development .Market access of trade in service ,reflecting the scope and extent of opening the market of trade in service, concerning governments efforts to protect the domestic industry and expand its export and influencing social ideology ,public order and even state sovereignty ,is always taken as the core not only in the domestic regulations and bilateral treaties but in the General Agreement on Trade in Service (GATS) and makes the point at issue in the negotiation .Being a WTO member ,China will have to open its domestic market of trade in service in accordance with the GATS rules ,which necessitates a legal research on how to better the legislation of the market access of trade in service and strive for more benefits in the imminent negotiation ,Aiming at seeking for some enlightenment to our country legislation of trade in service, this article attempts to make an overall and profound research on the market access of trade in service through explaining the jurisprudential basis of the market access of trade in service ,comparing and using for reference the concerning legislation of other countries and regional trade alliance ,and analyzing the rules in GATS about the market access as well as its significance and limitations.Apart from the introduction, this article of over 42,000 words goes into four parts:Part One is mainly to analyze the basic theory, jurisprudential principle andvalue inside the market access of trade in service. First comes the concept, traits and scope of trade in service and its tendency, which makes the premise of the legal research on the market access of trade in service. Then, the fundamental attributes of the market access of trade in service are brought up after the analysis of its concept. The last is about the theoretical resource, jurisprudential principle and value of the market access of trade in service when considered from the point of economics and jurisprudence respectively.Part Two first attempts to point out the tendency of phased liberalization of trade in service in the global or regional market by going into the multilateral rules of the global trade in service and the regulations about the market access of the regional trade alliance. To gain some beneficial inspiration to the market access of trade in service in China, this article also investigates and compares the legislation of the countries which are representatives in developing trade in service .In Part Three, first comes the urgent problems in the market access of trade in service in China and the opportunity and challenge before us brought out by GATS on the basis of analyzing China's commitment to open the market of trade in service and the current situation of market opening .After that, the phased liberalization in the process of market opening and the exact policies is stressed as a conclusion.Analyzing the present situation and limitations of the legislation of trade in service in China, Part Four tries establishing the guiding principles of the legislation of our trade in service, on which some advice on improving the legislation of our trade in service is also brought out.