TiSA背景下中国对外服务贸易的法律问题研究
发布时间：2018-09-18 21:14
【摘要】：随着服务业的发展和服务贸易的兴起,部分发达国家为绕开受阻的"多哈回合"谈判,促进全球服务贸易自由化,组成服务业挚友集团,于2013年发起服务贸易协定(TiSA)谈判,TiSA谈判以GATS文本为基础,以达成多边贸易协定为最终目标。TiSA参与方目前有23个,中国已于2013年申请加入,但是尚未被接受。TiSA的启动对全球服务贸易进一步开放有积极的作用。在国际环境方面,TiSA实现多边化将有助于全球服务贸易的进一步自由化,并为我国推进"一带一路"等区域贸易合作提供了规则标准。在国内环境方面,TiSA对我国的服务贸易法律发展具有导向意义,为我国审视对外服务贸易的法律问题提供契机。因而,我国应及时结合TiSA的相关议题,对我国对外服务贸易法律亟需改进的问题进行分析,发现我国法律与国际贸易规则之间的差距。但同时,TiSA的实施可能对部分国家产生不利影响。由于TiSA提出的相关贸易规则自由化程度较高,完全采用可能会对发展中国家的服务行业产生冲击。在这种前提下,我国应当在国际服务贸易中审视自己的发展水平和地位,以发展中国家的定位,为今后应对TiSA以及参与国际贸易谈判制定符合中国国情的基本策略。在全球贸易合作进一步自由化的趋势下,更为紧迫的是,我国应当对国内对外服务贸易法律进行完善。法律制度是保障一个行业健康发展的指引者和守护者。不论我国最终能否加入TiSA,其所代表的国际服务贸易开放趋势都将对我国服务业发展和对外服务贸易法律水平提出新的要求。因而,在学习TiSA高水平开放的贸易规则基础上,应结合我国的发展目标和基本国情,及时制定符合我国利益的对外服务贸易法律制度。虽然目前我国已加速推进对外服务贸易法律的修订,如《外商投资法》(草案征求意见稿)、2016年版《外商投资产业指导目录》(修订稿),并积极在自由贸易试验区中积累经验,但是与发达国家相比,仍有一定差距。因而本文结合TiSA对我国的立法导向意义,以使国内服务贸易法律与国际接轨为目标,主要从市场准入、国内监管、国有壁垒及个人数据保护等方面,对我国修改和完善对外服务贸易法律提出建议。
[Abstract]:With the development of services and the rise of trade in services, some developed countries, in order to circumvent the "Doha Round" negotiations that have been blocked, promote the liberalization of global trade in services and form a group of best friends in services. Launching the (TiSA) negotiations on trade in services in 2013. The negotiations are based on the GATS text, with the ultimate goal of reaching a multilateral trade agreement. There are now 23 participants. China applied for membership in 2013. But it has not been accepted that the initiation of. TiSA has a positive effect on the further opening of global trade in services. In the aspect of international environment, the multilateral implementation of TiSA will contribute to the further liberalization of global trade in services and provide a standard for China to promote regional trade cooperation such as "Belt and Road". In terms of domestic environment, TiSA is of guiding significance to the legal development of China's service trade, and provides an opportunity for our country to examine the legal problems of foreign trade in services. Therefore, our country should combine the relevant issues of TiSA in time, analyze the problems that need to be improved in our country's foreign trade in services law, and find out the gap between our country's law and the rules of international trade. But at the same time, the implementation of TiSA may have a negative impact on some countries. Due to the high degree of liberalization of the relevant trade rules proposed by TiSA, the full adoption of the rules may have an impact on the services industry in developing countries. Under this premise, our country should examine its development level and position in international trade in services, in order to develop the position of developing country, and make the basic strategy in accordance with China's national conditions in order to deal with TiSA and participate in international trade negotiation in the future. In the trend of further liberalization of global trade cooperation, it is more urgent that our country should perfect the domestic and foreign service trade laws. The legal system is a guide and guardian for the healthy development of an industry. Whether China can finally join the TiSA, or not, the opening trend of international service trade represented by it will put forward new requirements for the development of our service industry and the legal level of foreign service trade. Therefore, on the basis of studying the high level and open trade rules of TiSA, it is necessary to formulate the legal system of foreign service trade in time in accordance with our country's development goal and basic national conditions. Although China has accelerated the revision of foreign trade in services laws, such as the "Law on Foreign Investment" (draft for comments), the 2016 edition of the "Directory of Industry guidance for Foreign Investment" (revised draft), and actively accumulated experience in the free trade experimental area, But compared with the developed countries, there is still a certain gap. Therefore, combining with the significance of TiSA's legislation guidance to our country, this paper aims to make domestic service trade law in line with international standards, mainly from the aspects of market access, domestic supervision, state-owned barriers and personal data protection, etc. To our country to revise and perfect the law of foreign trade in services.
【学位授予单位】：华东师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.295
本文编号：2249115
[Abstract]:With the development of services and the rise of trade in services, some developed countries, in order to circumvent the "Doha Round" negotiations that have been blocked, promote the liberalization of global trade in services and form a group of best friends in services. Launching the (TiSA) negotiations on trade in services in 2013. The negotiations are based on the GATS text, with the ultimate goal of reaching a multilateral trade agreement. There are now 23 participants. China applied for membership in 2013. But it has not been accepted that the initiation of. TiSA has a positive effect on the further opening of global trade in services. In the aspect of international environment, the multilateral implementation of TiSA will contribute to the further liberalization of global trade in services and provide a standard for China to promote regional trade cooperation such as "Belt and Road". In terms of domestic environment, TiSA is of guiding significance to the legal development of China's service trade, and provides an opportunity for our country to examine the legal problems of foreign trade in services. Therefore, our country should combine the relevant issues of TiSA in time, analyze the problems that need to be improved in our country's foreign trade in services law, and find out the gap between our country's law and the rules of international trade. But at the same time, the implementation of TiSA may have a negative impact on some countries. Due to the high degree of liberalization of the relevant trade rules proposed by TiSA, the full adoption of the rules may have an impact on the services industry in developing countries. Under this premise, our country should examine its development level and position in international trade in services, in order to develop the position of developing country, and make the basic strategy in accordance with China's national conditions in order to deal with TiSA and participate in international trade negotiation in the future. In the trend of further liberalization of global trade cooperation, it is more urgent that our country should perfect the domestic and foreign service trade laws. The legal system is a guide and guardian for the healthy development of an industry. Whether China can finally join the TiSA, or not, the opening trend of international service trade represented by it will put forward new requirements for the development of our service industry and the legal level of foreign service trade. Therefore, on the basis of studying the high level and open trade rules of TiSA, it is necessary to formulate the legal system of foreign service trade in time in accordance with our country's development goal and basic national conditions. Although China has accelerated the revision of foreign trade in services laws, such as the "Law on Foreign Investment" (draft for comments), the 2016 edition of the "Directory of Industry guidance for Foreign Investment" (revised draft), and actively accumulated experience in the free trade experimental area, But compared with the developed countries, there is still a certain gap. Therefore, combining with the significance of TiSA's legislation guidance to our country, this paper aims to make domestic service trade law in line with international standards, mainly from the aspects of market access, domestic supervision, state-owned barriers and personal data protection, etc. To our country to revise and perfect the law of foreign trade in services.
【学位授予单位】：华东师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.295
【参考文献】
相关期刊论文 前1条
1 汪震;刘萍;;世贸组织服务部门分类问题[J];国际经济合作;2013年08期
相关硕士学位论文 前2条
1 黄洁;服务贸易协定(TISA)谈判背景下我国服务贸易发展的对策[D];上海社会科学院;2015年
2 高扬;TISA对我国金融服务贸易的影响及对策研究[D];大连海事大学;2014年
，本文编号：2249115
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