GATS法境下中国教育服务业的法律问题及其思考

Thoughts on the Legal Problems of China's Education Services in the View of GATS

从GATS对"教育服务"的规定来看,其立意是促使各成员国改革限制性的法律、法规,以实现GATS的基本原则及各国承诺。该问题在我国显得十分突出。中国的相关法律规定在体制、调整范围划分、可操作性和透明度上都有诸多与GATS不一致之处。对于一些新兴的教育服务提供方式更是存在大量法律漏洞。

According to the regulations concerning'education services'of GATS,we can find its legislative intention is to impel all members to reform their restricted laws and regulations so as to realize the basic principles of GATS and the acceptances of all members.This problem has been proved to be extremely conspicuous,as China's relevant regulations conflict with GATS in many aspects, such as economic structures,division of regulation,serviceability and transparency. Concerning the new methods of education services,there are still many legal defects.