Building, The Gats And Legal Framework Of China's Foreign Trade In Services

The Agreement on Trade in Services (GATS), as the first multilateral legal agreement, regulating the international trade in services finds its basic position in the international legislation and the domestic legislation on opening the market of trade in services in the 21st century. Every country's legislation on trade in service is required to be in accordance with its principle. Our country's legislation of trade in services is backward the same as the trade in services. As a result, this paper selects the legal framework construction of the China's foreign trade in services as a subject, which is fundamental, strategic and overall. On the basis of studying, analyzing the GATS and the current situation of China's trade in services laws, we make a suggestion and measures to construct and improve the legal framework of foreign trade in services in our country. This paper is divided into three sections:The first section comments on the basic theory of international trade in services. This provides the theoretical basis for studying GATS and our country's legislation of trade in services.The second section studies and comments the GATS, providing the international law basis for our country's legal framework of trade in services. This section contains three parts: first, we generally introduce the basic organization and features of GATS; then put an emphasis on analyzing the important principles of GATS, especially the Most-Favoured-Nation treatment principle, the Market Access and the National Treatment principle; in the end, come to the overall evaluation of it.The third section emphasizes China legal construction of foreign trade in services according to the GATS. First of all, we analyze the current legislation situation of China's trade in services and sum up its features and defects; then chose the American and Japanese Law and regulation on trade in services, which is representative, to study and use for reference. On the basis of the first two parts, we construct the legal framework of our country's trade in services in six aspects: the legalization and standardization of trade in services administration, the value standard of China's trade in services legislation, legislation principle, legislation model, the construction and improvement of our country's legal framework of trade in services and the improvement of the laws of the main trade in services apartment.