Research On Domestic Regulations On Neutral Trade In Services

After second world war,the conception of free trade has been prevalent over the world.General agreement on tariffs and trade(GATT)which advocates free trade stipulates that the country should eliminate the tariffs and trade barrier.the service trade has became an important kind of international trade since the GATT developed into the WTO.Because of the unique character of the service trade,the impediment to the free trade of service is also unique.The most significant impediment is the law in the country.For the perspective of the division of work,the developed country has more advantage in the field of service trade.The USA is the first country to advocate the free trade of service trade.But after the 2008 financial crisis,the USA is intend to protectionism.On the contrary,along with the developing of the economy,China is intend to free trade and objects the protectionism.The free trade of service is profitable to China.Meanwhile,China should also mend its domestic law to be accord with the principle of free trade.Neutral impediment is a kind of barrier set by domestic law which defends the benefit of the monopoly film.The country erect the anti competitive law to defend the benefit of monopoly.Studying the domestic anti competitive law is helpful to the international trader who is restricted by that law.Meanwhile,it is an efficient way to improve the law in china through studying other country's law.The thesis is to study how the domestic law eliminates the anti competitive law.There are five chapters in the thesis.Chapterl introduces the concept of the neutral impediment.For the perspective of the relationship of the domestic law and the international law,the thesis shows the sense of studying the neutral impediment.This chapter sums up the two major ways to eliminate the anti competitive law.Chapter2 introduces the court of US and Europe which use their liability to eliminate the law barrier.Chapter3 introduces the way Australia used to evaluate their domestic law.Australia uses its special way to estimate whether the domestic law possesses the anti competitive effect.Since the way advocated by Australia is originated from OECD toolkit,the OECD toolkit is also the important object of this thesis.Chapter4 introduces the domestic law in China which eliminates the anti competitive law.This chapter also introduces the Chinese evaluation system which evaluates and mends the anti competitive law.Chapter5 introduces the defect in Chinese evaluation system.Comparing to the foreign law system,this chapter discusses the advises which improve the Chinese evaluation system.