论国际法律服务贸易中“法律服务”的范围——兼论我国相关制度的完善

On the Scope of “Legal Service” of International Legal Trade in Services——Comments on the Perfection of Our Relevant Systems

国际法律服务贸易是一种新兴的贸易形式,其业务范围大小取决于服务采购方所在国家的市场开放状况,体现于世贸组织成员的具体承诺。世贸组织对法律服务部门的解释和各成员提交的《具体承诺减让表》表明,该组织164个成员中只有91个开放法律服务市场,且大多数成员的开放程度并不相同,跨国法律服务的范围在不同成员方存在较大差异。我国现行国际服务贸易统计制度对"法律服务"范围的解释中包含了"暂交第三者保存和结算服务",此类服务亟待解释。

International legal trade in services is a new form of trade. Its scope of business depends on the market opening conditions of the countries where the service purchasers are located, which is embodied in the specific commitments of WTO members. An analysis of the WTO definition of the legal services sector and the schedule of specific commitments submitted by its members show that only 91 of the 164 members of the WTO open the legal services market, and that the majority of its members do not have the same degree of openness. So the scope of transnational legal services in different member parties exist greater differences. The interpretation of the scope of 'legal services' in the current statistical system of international trade in services in China contains'escrow and settlement services', and such services need to be further explained by the relevant departments.