The Legal Studies About Trade In Tourism Services Between China And ASEAN

International travel has become the most fashion way of leisure of our residents, because of the geographical advantage between the ASEAN countries and China, and the lower travel costs than other outbound tourism, the ASEAN countries has become the most preferred outbound travel of Chinese residents, the volume of international tourism trade between the ASEAN and China also will increase rapidly, the international tourism trade has become the pillars of international trade in services between China and the ASEAN .in January of 2007, China and ASEAN signed the CAFTA Agreement on Trade in Services, the trade cooperation of tourism services between China and the ASEAN will reach a higher level, it will provide a law guarantee on tourism service system between China and the ASEAN, furthermore it will deepen and strengthen the bilateral cooperation in tourism services between China and the ASEAN, promote the development of tourism services of China and ASEAN. Although China did not make a higher commitment on tourism and related services in the CAFTA Agreement on Trade in Services than GATS, but the ASEAN countries except Laos and Vietnam, have make a higher commitment in access of market and national treatment of tourism and related services than the GATS. It will provide a new market and more opportunity to China's tourism enterprises and tourism services, as the number of our inhabitants who travels to the ASEAN increase rapidly; there are more and more legal disputes involving in tourism services, which highlight the lack of domestic legislation on international tourism services trade. In order to protect the interests of our inhabitants and deepen the tourism cooperation between China and the ASEAN, China needs to build the domestic tourism legislation system under the framework of the CAFTA Agreement on Trade in Services and the GATS, in compliance with the principles of national treatment, transparency and other principles. As soon as possible to make special laws for meet the China's commitment in the GATS, and modify the existing outdated law and regulations to promote the development of our tourism and international trade in tourism services .This article is based on large amount of materials and papers, and combined with the resolution of actual international dispute generated by our residents go to the ASEAN for tourism. With the knowledge of International Economic Law, this article concluded the domestic legislation of the tourism of our residents to the ASEAN should under the structure of CAFTA Agreement on Trade in Services and GATS, and we should protect the legal rights of our residents to improve the development of tourism between China and the ASEAN.Except for the introduction, this article has four parts, with total words of approximately 30000, the main idea are as follows:The first part of this essay is to discuss the theory of international trade in tourism service based on the definition, characters, and classifications of international trade in tourism. Combined with data about the Chinese people's tour to the ASEAN, it further stated the large scale of tourism between China and the ASEAN. Then, it points out legitimate problems in Chinese people's tours to the ASAN, which reflected the absence and drawbacks in the legitimate adjustment to the tourism service of China.The second part of this essay is to analyze the promises China made to the countries in ASEAN in the CAFTA Agreement on Trade in Services, which demonstrates the extent of open policy and relevant limitations of China in tourism service between the ASEAN.The third part mainly analysis on the impact of the specific commitments between China and other countries in the CAFTA Agreement on Trade in Services on tourism services. It mainly discuss the principle of national treatment, transparency principle, and to improve the competitive strength of China Travel Service in order to encourage their "going out" development and the promote of international tour training.The fourth part is mainly focused on the improvement of the domestic legislation of our residents go to ASEAN for tourism. It based on the legislation of tourism law and international tourism service trade special law, and it should amend the outdated laws and regulations to improve the resolution of foreign travel disputes so that we can make our domestic tourism legislation reach the international standard under the structure of the CAFTA Agreement on Trade in Services and GATS.