Studies On Legal Issues Of Foreign Access To China's Higher Education Under The GATS Framework

It has been seven years since China formally joined the World Trade Organization,and the Government of our country comply with commitments to allow foreign capital to enter China's education market(including higher education).Foreign investments come into our country's education market with their experience in teaching,high-quality resources,scientific management methods,but it also brings us with new questions in the introduction,management, and supervision.In this paper,in view of the relevant law questions about higher education after China's entered WTO and the specific commitments of China's education on trade in services,the author put forward the recommendations so as to stimulate more research concerned about the access of China's higher education legal issue.In this paper,a total of 25,000 words,with the exception of the introduction and conclusion, the majority of the full text are divided into eight parts.In the first part:it introduces the GATS rules of access to education,including the two aspects:first,the definition of trade in education services and the provision of approach;second, there are two important principles of trade in service,market access and national treatment, these two principles are the core principle of the international trade in education service.In the second part:it includes the introduction of China's education-related commitments about trade in education services,one is the commitments that our country made at the area of trade of educational services,and the other is the reasons of our country's making those commitments.In the third part:it includes legal issues and countermeasures existing in foreign school qualifications.The main problem is that the level of school is low,the Education Department directors have the obstacle of coordinate.Solutions are making formulate standards,defining an implementation subject of the main administration and to implement in practice,and making a step by step,sub-level monitoring system.In the fourth part:it writes the form that foreign investments entering into our country's higher education markets,and the existing form after access to China's higher education market. Existence of the legal issues is provided for the majority ownership of foreign investors that neglect the possibility that foreign investments controlling the schools and produce a series of questions.Solution is to put forward the ceiling access to our country's higher education markets and the school-corporate governance system.In the fifth part:it puts forward the legal issues of the field access to higher education of our country,duplicating introduction of disciplines,and lacking of scarce projects,and do not restrict the introduction of foreign investment disciplines in the field of ideology.Solutions are to formulate directory of the introduction of disciplines and resolutely put an end to the introduction of disciplines in the ideological and political areas.In the sixth part:it introduces the profit and non-profit educational problem.Education as a "commercial presence" has provided the basis of the significance of international law for-profit in China.Permit-profit in higher education not only can have laws regulating profit-making foreign investment,but also can make use of foreign resources to develop quality of higher education in our country and meet the needs of the educated in our country.In the seventh part:it writes degree certification questions.In the years of practice,Foreign Cooperation has always been faced with the embarrassing situation that foreign academic qualifications are not recognized,our country only recognizes the diploma in the admissions program that is issued by the National Recognition.Our country should intensify the specific regulatory documents on the certification process and standards.In the eighth part:it writes the legal regulatory issues.China's relevant laws and regulations emphasis is often placed on the review of conditions for running schools,licensing,and the following matters are not well managed.Solution is to carry out the re-configuration of the administrative functions,improve the mode of regulation and standards.