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Research on Legal Problems of Promoting Small and Medium Enterprises’ Abroad Investment

Author: LiuBingHui
Tutor: LiJunRan
School: Hebei University of Economics
Course: International law
Keywords: Promotion measures. SMEs Overseas investment Legal issues Legislative proposals
CLC: D996.4
Type: Master's thesis
Year: 2011
Downloads: 126
Quote: 0
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Abstract


Ten years ago, in 1999, China is an ongoing economic restructuring, People's vision of the world, the kingdom of Chinese products on the international market. Western mainstream media and public opinion on China's accession to the WTO argue about what the world will in the end bring, but China has become an indispensable part of the international economy, the China threat theory worldwide spread. Twelve years later, China is a completion of the WTO system of economic transition, the People's confident economic, trade, investment country. Western mainstream media and public opinion to re-examine re-shuffle after the financial crisis in the international economic system, China has become the locomotive pulling the world economic recovery, the China threat theory and savior On a parallel, but the latter seems more prevail. With the rise of China's economy, the historical mission of the Group of Seven to dominate the international economy for decades is coming to an end, China has become a key element in the new international economic system, in terms of which China is both a challenge and an opportunity. This is much more in the field of international investment suddenly. The manufacturing sector, the real economy based on accumulated foreign exchange reserves and change the flow of international investment funds. China is the implementation of a turning point from the absorption of overseas investment strategy to invest overseas. Minded global ambitions of Chinese companies began large-scale overseas mergers and acquisitions, and trying to implement industry move overseas to overseas investment. As the \Large enterprises in China's overseas investment has its natural advantages: abundant funds and the support of policy-oriented national legislation. SME's overseas investment obstacles, the face of the already saturated domestic market, SMEs will inevitably have to overseas investment to maintain its own development, SMEs themselves are weak, a serious shortage of funds, There imperfect national laws, policy environment, hinder, makes small and medium-sized enterprises overseas investment difficult, this is clearly the direction of economic development with our existing and \China SME overseas investment protection law is far from perfect, and encourage policy is not perfect, and even in some ways is still blank SMEs in China's overseas investment interests, which makes difficult to get strong protection, making the small and medium enterprises to invest abroad enthusiasm greatly reduced. Specifically, the legal obstacles and dilemmas faced by SMEs in China overseas investment is mainly reflected in the following aspects: SME overseas investment legislation confusion lag, lack of authority; domestic law and international law relating to overseas investment of convergence and underutilized; small and medium-sized enterprises overseas investment insurance mechanism is not perfect; SME overseas investment regulatory regime becomes vacant; current financing system is not conducive to overseas investment and financing for SMEs; lack of legislation on the importance of small and medium enterprises overseas investors. The existence of these legal obstacles and dilemmas seriously affect the enthusiasm of SMEs in China overseas investment, is not conducive to the development and growth of SMEs, weakening the competitiveness of Chinese enterprises in overseas markets, but also inhibit the smooth implementation of China's \Looking at the practice of the world, both developed capitalist countries, the developing countries are to encourage and promote the country's small and medium enterprises to go out for overseas investment, obtain pilot rights on the international market. Promote domestic SMEs in their respective domestic legal systems have overseas investment legislation, are working hard to create a good legal and policy environment for overseas investment for domestic SMEs. Although China's overseas investment in small and medium enterprises have also taken some measures to promote and encourage our legislative system in this regard but also very imperfect, there are many obstacles, the legislation has lagged far behind the real needs. Therefore, drawing on advanced legislative experience of other countries, to strengthen SME overseas investment norms of legislation at this stage is very necessary. Basic theoretical issues from of SMEs overseas investment in China, this paper illustrates the necessity and feasibility of development of SMEs in overseas investment, the purpose is to eliminate the discriminatory mental SMEs. Then clarify our legislation in this respect the status quo and small and medium-sized enterprises to invest abroad facing legal obstacles and difficulties, in further analysis, proposed on the basis of the foreign-related legal system of overseas investment for SMEs, the perfection of the SME overseas investment legal system legislative proposals. The promotion of SMEs in China's overseas investment to provide certain legal guarantees to stimulate SME foreign investment enthusiasm, protecting the overseas interests of SMEs.

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