Legal Researches On Problems Of Chinese Education Service Trade Under The Context Of WTO

As joined in the WTO in year 2001 and then made the promises to open the education market, profound effect has been brought to China for its undeveloped trade in educational service. Most of WTO member nations are cautious to open their education market because it relates to great matters such as vindication of the sovereignty,heritage of the national culture,protection of the education business and so on. So does China. Great reservation is made when China made its promise to open education market. It seems that no influence on China's education service market superficially, whereas, shocks are seen already. To make China a great power on education service, we have to escalate the competition ability of it. As the threshold to protect the education market, law is of great importance in the time of regulation first. In view of the fact, this text aims at proposing suggestions on perfecting the legal system of education service from three parts by combining the WTO agreements China have signed and the law concerning education service being implemented now. The first part is to define the concerning concepts: service,trade in service and trade in educational service and then simply introduce the modes of service supply,basic principles and exceptions of educational service in the GATS, last China's commitments and specific commitments of educational service are analyzed. The second part include two aspects: first one is to introduce the present condition of China's educational service and the impacts as educational market opened. Second one is to analyze the existing law concerning education service and its defects. The third part is the key of this text. Proposals on legislation of education service include the aspects of corporate education or training,distance learning,standardization of conducts of intermediary agencies are made and the fundamental principles of the law are also proposed in this part. Although we have joined the WTO, and made commitments in trade in education service in multi-lateral and bilateral negotiation ,the conflict between domestic statutes and WTO agreements have signed still exists, furthermore, it should be pointed out that China's education service legislative work needs to be further improved. For instance, some areas still remain uncovered, some contents are yet to be amended or revised and the lack of education supervision and transparency of policies, these problems become more and more obvious now. The education relates to sovereignty and safety of a nation and law is the last barrier to protect the benefit of a nation. Not only the improvement of legislation also enforcement of the law strictly will influence China's trade in education service greatly. In consideration of these facts, the author propose some suggestions based on the limited materials, all include five parts: first, work out the basic principles of education service legislation; second, improve the law to adjust the corporate education due to the problems existing; third, legislation of distance learning; fourth , standardize the conducts of intermediary institutions; fifth, improve the monitoring mechanism from the aspects of legislation,policy,government functions.