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Research on Legal System of Foreign Investment Market Entry in China

Author: WuZuoFan
Tutor: HuoYuFen
School: China University of Political Science
Course: Economic Law
Keywords: Foreign investment Foreign capital access Foreign access to the legal system
CLC: D922.295
Type: Master's thesis
Year: 2011
Downloads: 67
Quote: 0
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Abstract


With the development of science and technology with the international division of labor in society, the international investment activities between the countries have become increasingly frequent. In the process of economic globalization, the increasing number of the introduction of foreign investment in China, have been expanding. Foreign investment has played an important role in promoting China's economic development, increase employment and promote industrial upgrading. With the accelerating pace of utilization of foreign investment, China has formulated a series of laws and regulations for foreign investment, foreign access to the basic framework of the legal system has been formed. Although China's foreign access to the legal system in practice in order to adapt to the rapid development of the economic situation, but it is undeniable that the system itself is not perfect, there are still many inadequacies, such as the dual-track legislative model has been unable to adapt to the current economic situation requires constant revision The lack of transparency and continuity of legislation and law enforcement on foreign mergers and acquisitions, antitrust and national economic security review of the legal system is not perfect. Better, more effective use of foreign capital, while safeguarding the interests and economic security of the country's economy as a whole, and improve foreign access to the legal system in China is imperative. In this paper, the method of literature research and comparative analysis, follow questions, analyze problems and problem-solving ideas, based on extensive literature study, analysis of the developed countries, foreign access to the legal system, combined with China's foreign access to the legal system of the status quo comment on the lack of foreign access to the legal system in China, and thus targeted perfect views. Specifically, this paper include the following: First, from the basic concepts of foreign access to the legal system, the main content and basic form of foreign access to basic legal system overview. Lay the theoretical foundation for later analysis. Secondly, analysis and comparison of the developed countries, including foreign access to the legal system of the United States, the United Kingdom, and Japan and other countries, and a brief analysis of the trends of the developed countries, foreign access to the legal system. Provide a reference for later analysis of the lack of access to the legal system and improvement of our foreign. Again, based on the above research, analysis and comparison, combined with the current situation of China's foreign investment access the legal system, to comment on the lack of foreign access to the legal system in China, there are: two-track legislative model has been unable to adapt to the current economic situation, the lack of adequate legislation and enforcement transparency and continuity of measures to encourage foreign investment into the service industry is not perfect on foreign mergers and acquisitions, antitrust and national economic security review of the legal system is not perfect. Finally, for the lack of foreign access to the legal system in China, it is proposed to improve views mainly includes: to adjust foreign access to the legal system system to increase legislative transparency and continuity, further relaxation of foreign industry access, sound-oriented policies of the foreign industry measures to improve the legal system for foreign mergers and acquisitions and antitrust laws, as well as timely develop and perfect the legal system of foreign private equity investment.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Foreign-related economic management Act
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