On The Disputation Of Chinese Legal Commitments Of Higher Education Service Trade

China entered WTO on11th December2001.China makes legal commitments according to the rules of higher educational service trade under WTO and opens higher educational service market gradually.This measure has not only brought the opportunity for development, but also challenges. There are problems in the legal commitment of Higher Educational Service Trades,and it is very important to take measures to resolve the problems appropriately, which can result in the smooth development of the higher education. The article focus on Legal commitment of higher education services trade and can be divided into the following five parts:The first part is about introduction, which includes the background of this study, the commitments on the research at home and abroad,the content, the objectives,the methods, the frameworks and the innovation of the paper.In the second part, the author gives an overview of higher education trade services.This section discusses mainly contents the connotation and the development status of trade in services of higher education. On analysis of relevant international documents,the author defines trade in services by drawing on the relevant provisions of GATS. Higher education services can enter into the field of trade as a product of trade and higher education services trade has developed rapidly.The third part tells us the legal commitments of higher education trade services. Three questions are discussed, namely the content of legal commitments, the current situation and trends of the legal commitments.The legal commitments includes horizontal commitments and sector commitments.Some WTO members have made different legal commitments. The legal commitments will have new development trend with the development of trade in services of higher education.First,more developing countries will participate in negotiations.Second,the developed countries will hold the dominant position for a long time although more and more developing countries will participate. Third, the final form of the legal commitments will show the complexity for the reason that the interests differ between the developing countries and developed countries.The fourth part shows the Chinese legal commitments of Trade in higher education services. The main contents are as follows,the content and reason of Chinese legal commitments,the contrastive analysis between china and other countries.Taking the condition of our country into consideration, China made partial commitment, and opened up higher education services market selectively. United States and Australia are as representatives of the developed countries and India as a representative of the developing countries, the author makes a comparative analysis. Compared to the three countries, Chinese level of legal commitment is not high.The fifth part of this article is the most important one, which points out the problems and the countermeasures of the legal commitments. As is known, content of legal commitments is defective and Chinese legislative system is chaotic and the contents of the legislation are imperfect. What’s more, there are still inadequacies in the implementation of legal commitments. We should consummate the content, reconstruct the legislative system and perfect the contents of the legislation by drawing on the legislative experience of France, Japan, the United States and Australia. At the same time, we should improve the implementation of legal commitments, which can help china to make a good condition to practice the legal commitments.