自然人流动规制的晚近发展及其对中国的启示自然人流动规制的晚近发展及其对中国的启示

自然人流动规制的晚近发展及其对中国的启示自然人流动规制的晚近发展及其对中国的启示

Latest Development of Regulation on Movement of Natural Persons and its Revelation to China

    期刊名称：《法学研究》
    期刊年份：
    作者：李先波
    单位：湖南师范大学
    中文关键词：服务贸易总协定;GATS;自然人流动;区域贸易协定
    英文关键词：GATS;the movement of natural persons;the agreement of regional trade;latest development
    中文摘要：
    自然人流动作为跨国服务提供方式之一，在全球服务贸易中发挥着日益重要的作用。晚近的立法和实践表明：自然人流动的规制总体上呈现多边谈判进程缓慢、区域和双边协定安排灵活多样、国内立法规制复杂细致等特征。自然人流动是我国服务贸易领域对外开放的重点，我国应加强国际合作，在未来的多边谈判中争取主动，尽快完善相关立法和配套制度。
    英文摘要：
    As one of the basic models of services supplying, the movement of natural persons plays a more and more important role in the international trade in service, and has become an important issue in the negotiation in the trade in service. The latest legislation and practice show that, the progress of multilateral negotiation moves slowly, the arrangements for movement of natural persons under regional and bilateral trade agreements are flexible and manifold, and the domestic legislation and regulation on movement of natural persons are complicated and fickle.Although the negotiation on the movement of natural persons under the multilateral trade systems has not finished, the latest result of the negotiation reflects the tendency of the rules on the movement of natural persons under the multilateral trade systems. That is, the types of natural persons in relation to the movement of natural persons have become more extensively, a part of limiting conditions on the movement of natural persons has been abolished, and the rules on the movement of natural persons have become more standard. The arrangements for the movement of natural persons under regional and bilateral trade agreements are different from that under GATS. The latest development shows that, the measures of the Member States are flexible, the market access and national treatment become the universal obligation, and the movement of natural persons among the Member States is becoming liberal. The legislation of different countries on the movement of natural persons shows that, three obstacles in the movement of natural persons have become the adjustor to protect the national market, the ways to import low technical labors of developed countries are more flexible, and the differences among Member States in protecting the rights of different types of labors are more clearly.The movement of natural persons is the key field of China’s trade in service. In order to promote China’s fourth model of trade in service, we should take part in the multilateral negotiation on the trade in service actively to establish beneficial rules, join in the regional and bilateral agreements to expand overseas service market with flexible method, and absorb the advanced experiences from developed countries to promote China’s rules and regulations on the movement of natural persons.
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