A Study Of Finance Trade Service Law Regulation

In the context of economic globalization and international financial integration, itis become a trend that open up the financial services market. With transitional five years,in2006, China’s financial services sector has achieved full liberalization which it hascommitted. However there are also a number of issues need to be addressed. How totake full advantage of international competitiveness? How to make sure safeguardnational financial security? How to handle disputes between financial services and tradeliberalization and regulation of international trade properly. These are all seriousproblems. Despite the financial market liberalization can promote the economicdevelopment and also act a keep positive role on financial stability and public welfare.But it needs to be emphasized that under open conditions legal regulation is moreimportant in the financial sector. Like no obligation no rights, no rights without duties,freedom and supervision is also a complex contradiction. As we all know that thefreedom which given by the law was also limited. If the freedom without anyrestrictions, it is not really freedom. Therefore, appropriate financial supervision canpromote the stability of the financial system, thereby, promoting the health of thefinancial markets.In this paper, we take China latest example on WTO financial services, which isChinese Electronic Payment Service Restriction Case as an entry point. Meanwhile, wemake a detail instruction on the legal regulation of financial services trade under theWTO and GATS by this case. And through the review panel report of the case, we carryout reasonable proposals on further development of China’s financial markets open andChinese banking industry.We are mainly using the method of case analysis, concept analysis andinterpretation of the treaty to analysis the WTO UnionPay Card Case. Meanwhile， wemake reasonable proposals to build financial services trade regulatory system from thefollowing aspects:Firstly, the first part of the article make a detail introduction of the WTO UnionpayCard Case including the parties, development and evaluation; Secondly, in the secondpart of the article, we explain the three concepts on the service trade, financial servicestrade and financial services trade regulation. Meanwhile, we are focuses on the relevant laws and regulations, particularly WTO and GATS Annex on how to regulate financialservices trade. Third part is the core of this thesis. In this part we make a detail analysison disputing parties of this case. Then we reach the ultimate goal of this thesis, which isthe fourth part of this thesis. We want to indicate that China’s existing shortcomings anddeficiencies of financial services trade legislation, and make a reasonable proposal toreform it. And we make a reasonable propose for the measures of executive WTOUnionpay Card Case. Then we can set aside valuable time for the development ofChina’s financial service trade.