| Developing service industry, propelling the trade in services forward is the worldwide tide. Tourism service belongs to the trade in services. It is very important for a country's economic development. In order to eliminate the trade barriers on the trade in services, improve the development of the trade in services, developing countries and developed countries reached a compromise and concluded 《 The General Agreement on Trade in Services 》(GATS). GATS is the most important programmatic document of international trade in services. It is also the basis of Access Commitment List for the countries , which are WTO members. After many years' negotiation, China became a member of WTO and submitted her final "Schedule of Specific Commitments on Services". In the sector of "Tourism and Travel related Services, it only deals with hotels and restaurants, travel agency and tour operator. This paper tries to analyze the policy tendency in China's Commitment, comment on China's legal measures to fulfill the Commitment for entering into WTO and put forward related suggestions for Chinese tourism industry's further development.This paper is divided into three parts.The first part is about the international tourism trade in services and 《The General Agreement on Trade in Services》. It mainly concerns the development and characteristics of international tourism trade in services, the fundamental principles and mainframe of GATS, and it's influence on international tourism trade in services.The second part is about China's commitment forentering into WTO in the international tourism trade in services. This part discussed the present situation of Chinese tourism trade in services, the process and content of China's commitment in tourism trade in services for entering into WTO and gave comment on the policy tendency showed in the Commitment: (1) Respect China's actual conditions; (2) Promote development by opening up; (3) Step by step. Then author pointed out that China's performance of the Commitment would produce positive influence, which will be helpful to introduce advanced administrative experience and new operating mechanism of tourism services, protect the interests of our tourism industry, improve comprehensive level and competitive power, explore overseas market, promote the reform of administrative system of tourism enterprises.The third part is about the legal measures adopted by China in accordance with the Commitment. It only deals with two aspects: hotels and restaurants, and travel agency. Firstly, through introducing the content of "Industry Rule of the People's republic of China on Hotels and Restaurants", author analyzed the fundamental principles of hotel management and the important influence on the development of hotel industry, pointed out the problems in existence, and put forward related suggestions. ( 1 ) Authority is not enough. It is necessary to make "Hotel and Restaurant Law". ( 2 ) Some problems are not solved. The relationships between hotel operator and tourism administrative department is not defined; The relation of rights and obligations between hotel and related clients except for passengers is not involved; The definition of hotel industry is not involved. ( 3 ) Some provisions are not detailed enough.We should consider these points in the future legislation. Secondly, this part introduced the content of "Regulations on Administration of Travel Agencies" and" Rules for Implementation" , pointed out the limitations , and gave some related suggestions: ( 1 ) Transition. There should be some articles on foreign-capital travel agencies. ( 2 ) Some provisions are not perfect. The classification of travel agency should use for reference advanced countries' vertical distribution system; The provisions on travel agencies are not enough to protect the travelers' legal rights and interests. Some related articles should be added; some aspects are not involved. There should be some articles on Chinese travel agencies' transnational management. At the end of the... |
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