The Gats Under The Framework Of China's Telecommunications Industry Is Opening Up A Number Of Legal Issues

As a pillar industry of China's national economy, telecommunication service industry is of sharp attraction to operators in the era of globalization. It has been eight years since China's entry into WTO, during which period foreign investors have gradually taken their steps into China's telecommunication market. In order to compete with foreign magnates and make telecommunication service industry the real pillar industry of national economy, local operators shall firstly get to know the international rule of telecommunication service.This paper intends to conduct several theoretical discussions and empirical analysis with a focus on market opening of China's telecommunication service industry under the GATS frame. The paper is divided into four chapters.It starts by outlining, in ChapterⅠ, the GATS rules on telecommunication service. The main content includes a brief definition of telecommunication service and a detailed analysis on both the general rule and the special provisions of GATS applicable to telecommunication service.The following chapter, ChapterⅡ, deals with the issue of market access of China's telecommunication service. In this part, the author describes the meaning and application scope of the market access principle, introduces the detailed interpretation of China's telecommunication commitments, and further discusses the present situation of China's telecommunication market opening and its restriction on foreign investment.ChapterⅢsets forth the issue of National Treatment in opening telecommunication service. In addition to explaining the applicable scope, subjects, standards and restrictions of National Treatment in GATS, the author as well comments on China's commitments on this issue, and interprets foreign investors' right to open a telecommunication business in China.The last chapter of this paper is on the issue of governmental supervision system. This part starts from exposition of the necessity of governmental supervision, followed by analysis of the present system and ended with suggestions on perfection of governmental supervision.Finally, the paper ends with further concluding remarks and objective observations in the last part.