Legal Studies On The Education Services Trade Of China Under GATS

China became a member of WTO Officially on December 11, 2001. The opening trade system of WTO includes three main parts: trade of goods, trade in services and in technology. As to the education trade service, which is a component part of the world service trade system, China made promises based on its own practical situation. During performance of the promises which Chinese government made on higher education under GATS, problems started to appear. As we considering how to develop education service trade, it is also important to think about how to ensure it with law, which is a great challenge to the economic law scholars. At the present time, the relating legal rules are still rather undeveloped, and this paper aims to provide some contribution from this respect.Besides the preface and conclusion, this 40,000 words paper contains four chapters:The first chapter describes the origin and historical development of education service trade. In this part, the concept, characters and basic principles of education service trade were introduced.The second chapter is about four modules of international education service trade: Cross Border supply of international distance education; Consumption Abroad of oversea study; Commercial Presence of oversea school management, and Movement of Personnel of experts and teachers.The third chapter introduces the rules of International Law and Domestic Law on International education service trade, especially Chinese government's promises and rules on educational service trade under GATS. The government's promises were discussed from two respective: level promise and department promise.The fourth chapter, in which the legal countermeasures against how to develop China's education service trade were discussed, is the core part of this paper. First measure is to grasp the legislative principles and to lay a solid foundation of legislation. Second, the legal framework of education service trade law need to be improved. At last, measures were provided on how to conquer some problems during the process of promoting China's education service trade law.