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On The Legislative Completeness Of Our Country's Travel Agency After Accession To WTO

Posted on:2006-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y N YangFull Text:PDF
GTID:2166360155457088Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the improvement of the living standard of the people, tour has become a necessary part of daily life. It plays a significant role in our real life. As a result of that, many provinces have taken tourism as important portions of national economy now. Tourism is getting better than before. Travel agency is the business of handling tour. The development of tourism will not come true without travel agency.During the legal system's establishing of our country, social order needs to depend on the law to support, otherwise a good politic and economic social order will be impossible to realize. The healthy and ordered development of travel agency also needs legislation's safeguard. After China negotiates with other members of WTO for fifteen years, it has become a member of World Trade Organization (WTO) in 2001. After accession to WTO, China has been in a new era that brings China's economy to be in line with international practice. The development of travel agency is never in a status of seclusion. Travel agency will compete with foreign travel agency in an open field. In order to adapt to the demand of new stage in law, travel agency need further reformation and perfection of legislation that be accorded with new situation. Commitments are made up of "specific commitments" and "horizontal commitments" in all departments in "Schedule of Specific Commitments on Services of China". "Horizontal commitments" apply to all departments in "Protocol on the Accession of the People's Republic of China". "Specific commitments" only apply to a certain department, because "specific commitment" is fit for the situation of certain department. According to the provision of "specific commitments" of General Agreement on Trade in Services (GATS) of WTO and the development status of travel agency of China before entering WTO, our country commitments on travel agency about "specific commitments " which include commitments of market access aspect and nationaltreatment aspect. The commitments of travel agency and commitments of other departments are prescribed in "Schedule of Specific Commitments on Services of China" when entering WTO. For the attitude about fulfilling "specific commitments" and "horizontal commitments", our country has also expressed positive attitude to carry out our commitments in "Protocol on the Accession of the People's Republic of China". Our country will try our best to make civil law consistent with commitments. Therefore, as a part of the commitments, travel agency should be carried out in positive attitude. The problem of unification between travel agency's current laws and commitments is appears. The text will analyze current laws of travel agency and "specific commitments" and "horizontal commitments" in "Schedule of Specific Commitments on Services of China". I will point out the problems of travel agency legislation and try to put forward some perfect advices. I hope to promote the innovation and perfection of travel agency legislation.The thesis consists of five parts : the introduction, the main body, the conclusion, the references and postscript.The introduction makes a brief explanation of the history and important status of travel agency in tourism, the research actuality in the area of international service and travel agency at present, the main content of this thesis and the significance of choosing this topic.The main body is divided into three parts. Part one outlines that travel agency should belong to the scope of regulation of GATS. This point of view can be discussed from two aspects. Firstly, it is the content of the meaning of service trade of GATS. Secondly, it is the content of category of service trade of GATS. From these two aspects, we can draw a conclusion that relation between the meaning and category of service trade and travel agency; Part two states the basis and content of commitments of travel agency. Travel agency's commitments include "horizontal commitments" and "specific commitments". "Horizontal commitments" is applied to all departments in "Protocol on the Accession...
Keywords/Search Tags:Accession to WTO, Travel agency, Legislative completeness
PDF Full Text Request
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