Study On Legal Issues Of China's Trade In Maritime Service

Maritime transport service trade as a crucial part of international trade is an important component of China's service trade opening to the outside world. As a maritime power, China should further open maritime transport service market in order to promote the development of its maritime transport service trade. Based on the research on GATS application of maritime service, maritime transport service negotiations, the opening of international shipping industry and maritime transport policy and other issues, this article discusses how to adjust China's legal system of shipping trade to achieve consistence with GATS regulations.In addition to the introduction and conclusion, the full text is divided into four parts.The first part is the theoretical overview of maritime transport service trade. Firstly, there are the concept and classification. Based on the introduction of the GATS rules of maritime transport service trade, this part analyzes the new international negotiation of trade liberalization, points out the practical difficulties of the negotiations and prospects the future of maritime service negotiations.The second part introduces the market opening and the shipping policy. Compared with China's opening policy of shipping industry, there is a statement of typical EU's opening policy of shipping industry and that of US. China has become a powerful shipping country with a higher level than the average of the other members of WTO.The third part is a comprehensive introduction of China's legal system of maritime transport service trade. It is necessary to re-regulate the national treatment, the access to the market and other rules. With an overview of "The People's Republic of China The third part introduces a comprehensive account of China's maritime transport service trade -related legal system. First of all is the specific requirements to the national treatment, the market access related to the maritime transport service trades and secondly on the "People's Republic of China International Chamber of Shipping Ordinance"; again discussed with the China's participants and signs international treaties and finally pointed out the exist problems of China's maritime transport service, including shortcoming of legislation, legal conflicts among relative regulations and lagged effect of antitrust law.The fourth part discusses how to improve the legal system of China's maritime transport service trade. China's maritime legal service legislation should be based on unity, safeguarding national sovereignty and international practice, the principle of progressive liberalization. To win the future development of maritime transport service trade, China's legal system for maritime services should be a law on management of maritime transport services market as the core which integrates with the maritime law, the main tool of regulating the civil relations in shipping service trade and maritime litigation law system in order to construct the legal foundation of the maritime transport service trade.