Research On The Basic Laws Of Medical Services Under The Gats Framework

Presently, service trade is developing at a very high speed. It has been predicted that the 21st century will be the century for great expansion of service trade. As a global multilateral agreement for service trade sectors, GATS provides a systematic guarantee and a legal framework for the development of service trade. With the growing prosperity of service trade, the scope for service trade has also been enlarged. Some traditional welfare society sectors are also included. The health service sector is a typical example. As a traditional welfare society sector, the health service sector also falls within the scope of GATS. Discussion under GATS of such an important society sector which has a strong influence on people's welfare has caused a lot of arguments. However, the development of service trade seems to be unavoidable. Moreover, the service trade can also benefit the health service sector to some extent. It is very important to do some legal research concerning how GATS will affect the health service sector both in theory and in practice.This paper will discuss these questions under five sections.The first section provides an introduction to the characteristics of health services. Health service has a strong connection with public welfare. It's a professional service sector which can also be a service trade sector, too. This section also analyzes the strong influence that economic globalization has on health service. The international communication and the technique for international communication are all developing very fast. And the economic globalization also let the health service sector change its traditional pattern.The second section discusses the influence of GATS on the legal system of health service and points out some important characteristics of the GATS legal system that the law-makers in the health service department should pay attention to. Proponents and opponents provide differing attitudes towards the influences that GATS will bring to the legal systems of health service. Opponents think that all the public service including health service should not be included within GATS. But the proponents think that GATS can improve the health service. And to some extent, it can force members to pay more attention about the importance of perfecting the legal system for health service. After analyzing the two opinions, the author thinks that we should not prevent GATS from intervening in the health service sector. However, we should improve the GATS framework so that we can accelerate the development of the health service sector under GATS.The third section mainly discusses the scope that GATS covers and some relevant associated problems within the health service sector. There are four services trade sub-sectors under GATS that fall within the scope of health service sector. Some WTO members have made commitments in these sectors. This paper discusses some of the characteristics of these commitments. GATS defines trade in services in four types: "Cross-border supply", "Consumption abroad", "Commercial presence" and "Movement of natural persons" Each mode has an important influence on the health service sector. Furthermore, this section analyses whether the exceptions provided under Article 1 of GATS should apply to the health service sector. To apply this exception, there are three conditions must be satisfied. First, this service is supplied in the exercise of governmental authority. Second, this service is not supplied on a commercial basis. Third, this service is not in competition with one or more service suppliers. Through the analysis for the three conditions, the health service sector does not fall under the scope of exceptions for GATS.The fourth section explores the influence of Most-favoured-nation treatment principle, Market access and National treatment from GATS on the health service sector. This paper also analyzes the specific commitments which China and other members have made under GATS. Through the analysis, this paper points out during the process of opening the health service sector, China should pay attention to the progressive liberalization of Market access and improve the relevant legal system. In addition, China should keep some limitations on the National treatment commitments and realize the compication of national treatment in order to realize the purpose of opening the health service sector.The fifth section explores some relevant points of how to improve the health service legal systems in China. It analyzes the present circumstance for opening the health service sector and the relevant legal systems and points out the problems that exist in China's legal system for the health service sector. To improve the legal system for the health service sector in China, we must follow some important legislative principles and improve other various regulations with relevant aspects. So that the health service sector in China can be developed.