The historical development of Chinese study abroad policy over last three decades demonstrates that Chinese study abroad policy was established to focus on supporting studying abroad,encouraging overseas Chinese students to return to China,and protecting their right to leave and return . It covers State-financed study abroad,self-financed study abroad and overseas Chinese students returnee . However,its legal deficiencies must be kept in mind in the fields of legislation thinking,legislative skills and legal foundation . These legal deficiencies is hindering the development of Chinese study abroad industry .Over last a few years,percentage of Chinese study abroad students among worldwide study abroad students is dropping,so do percentage of Chinese study abroad students among Chinese enrolled tertiary education students and academic staff . The key solutions of existedissues are toimproveChinese studyabroad policy to set up the study abroad legal system oriented international education law,make the study abroad policy under the legal system,and make full use of the function of market in the study abroad affairs.