The Research On Legislation Of International Trade Of Tour Services Under GATS Framework

Tourism is also known as "invisible trade" and "smoke-free industry".Since 1990 s,the quick growth of economy and the more relaxed international situation provided a good foundation for the rapid development of international tourism services industry.Continuous development of the international tourism industry requires standards and orders in the international tourism service trade market.China's tourism industry is in the golden age of development.but China's tourism services trade legislation still have shortcomings at this stage,lagged behind by "General Agreement on Trade in Services"(hereinafter referred to as GATS).As a consequence,it is necessary to complete China's legislation on international tourism service trade.The author uses methods of comparative and empirical analysis in researching GATS rules,China's WTO commitment and the legislation on international tourism service trade.Basing on the acknowledgment of international tourism service trade and the application of GATS rules,several kinds of mature legislation in foreign countries are compared and current situation of China's legislation on international tourism service trade is summarized,so that adequate methods of completing relative legislation can be proposed.For the purpose of completing China's legislation on international tourism service trade,this paper proposes that China's WTO commitment should be fulfilled,especially to work out for the legal loopholes of commercial presence and presence of natural persons.Moreover,the WTO commitment is not opening-up enough for China's growing international tourism service trade.The market access standards should be relaxed according to the development level of China's international tourism service trade.When gearing the legislation to international standards,based on current situation of China's legislation,not only the Tourism Law should be improved,but also the promotion of international tourism service trade should be signed into law to obtain faster development of it.At last,under the demand of WTO's principle of transparency,the publicity of relative legislation should be improved to ensure the fast and orderly development of China's international tourism.The author hopes the ideas proposed above could be helpful for academia.