我国高校海外办学的法律适用与风险防范

Abstract:Establishing overseas branch campuses is an effective means of opening up China’s education. However，China is still at the initial stage of developing branch campuses abroad，lacking of mature legal framework as well as sufficient knowledge on relevant legislation in other countries. There is also a lack of higher-level regulations governing branch campuses and conflict of laws in the existing regulations. From the perspective of international law，only a few countries made specific commitments on education service under the framework of GATS. Therefore，specific higher-level regulations on branch campuses should be issued and existing relevant regulations should be adjusted to avoid conflict. In addition，doing more researches on governance of branch campuses in other countries is necessary to understand the requirements of market access of education service. Regulations from international treaties should be adopted or transferred into our domestic legislation. Dispute settlement legal mechanism should be included in bilateral contracts on establishing branch campuses.

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