2015~2016年“一带一路”倡议下国内法律服务业开放的规则研究

Abstract:The main risk of the “Belt and Road” initiative is legal risk and requires high quality legal services. The opening or liberalization of the legal services industry is an important way to improve legal services. The new international standards，represented by TiSA and TPP，require the negotiating countries to further lift restrictions on commercial presence pattern and presence of natural persons pattern，and achieve higher levels of legal service liberalization. The new rules of the domestic free trade zone have not broken through the original GATS commitment table in the areas of business scope，market access and national treatment，so they lag behind the new global standards and the results are not good. The current situation requires that the legal service industry should continue to be opened up under the rule of law. It is advisable to learn from the experience of opening up the legal service market in a phased manner from Korea and Japan，and to use the pilot free trade zone as a platform to connect with new international standards on the one hand and stress test on the other. Set a buffer period to protect and develop the domestic legal services industry. The pilot free trade zone should lead the legal service industry through the rule of law，continue to explore the partnership system of Chinese and foreign law firms，cancel the restrictions of foreign lawyers’ interpretation and application of Chinese laws，introduce the lawyers’ “fly in and fly out” system and improve the lawyers’ liability insurance and other supporting legislation and relevant measures.

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