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Abnormal withdrawal FIEs Legal Issues

Author: LiangZongWen
Tutor: QiHuan
School: China University of Political Science
Course: International Law
Keywords: Foreign Investment Non-normal evacuation Financial crisis Liability Legal remedies
CLC: D922.295
Type: Master's thesis
Year: 2011
Downloads: 89
Quote: 1
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Abstract

Foreign investment is both a complex economic activities, but also a complex legal activities . In recent years, China 's macroeconomic policy adjustments and regulatory measures have been introduced in a number of foreign-invested enterprises greater impact on SMEs , after all, the existence of certain foreign investment risk . Since 2007, China emerged influx of Korean non-normal evacuation , other countries have gradually evacuated trend , the 2008 outbreak of the U.S. financial crisis , a greater risk of this generation . Our country is affected by the financial crisis affecting one of the larger countries , foreign- invested enterprises in China as well as abnormal withdrawal phenomenon intensified abandoned corporate debt collection . While fleeing the numerous Chinese enterprises with foreign investment enterprises with foreign investment is only a small part , but it brings a series of adverse consequences should not be overlooked , not only to the Chinese stakeholders caused serious economic losses , but also for China 's investment environmental and social stability but also had a negative impact . This paper analyzes the current economic operation in our country such a withdrawal of foreign investment influx appeared to China's foreign investment environment caused harmful effects , pointed out the existing laws on foreign investment of foreign capital enjoys in the standards of treatment , to approve foreign investment , foreign regulators other aspects of the serious defects and vacancies. I recommend only to revise laws and regulations on foreign investment , strengthening international cooperation and cooperation between national authorities to establish foreign credit rating mechanism, strengthen supervision and judicial enforcement of foreign capital in order to effectively address and prevent the withdrawal of foreign non- normal phenomenon . The first chapter describes the overview of abnormal withdrawal of foreign capital , mainly from the current legislation on the foreign country made definitions and types as the focus , foreign-funded enterprises in China's economic analysis of the role and status of the operation , as well as foreign-funded enterprises in the world economic crisis and domestic labor costs and other effects of industrial restructuring under normal liquidation procedure did not apply for illegal withdrawal of the manifestations of this phenomenon and legal characteristics . The second chapter the author through some of the data and information summarizes the reasons for withdrawal of foreign non-normal , there are external factors that increasingly severe world economic situation and the aspects of the internal factors. Then extending from causes abnormal withdrawal of foreign legal nature . The third chapter analyzes the withdrawal of foreign non-normal legal issues raised , including legal liability and legal remedies . As foreign investment in the host country employment , resource utilization, technology transfer , industrial structure and other aspects of international payments will generate economic and social problems , so I carefully analyzed the divestment should bear the legal liability, including civil, criminal and administrative law level responsibility. Then the author of \Chapter Faced with the phenomenon of abnormal withdrawal of foreign capital tends to spread , the author pointed out that foreign investment in China in the legislative shortcomings , then put forward proposals to improve the relevant legal system . Phase advance from foreign capital access and supervision experiences of developed countries , for the duration of the foreign operations and response measures should be taken when abnormal withdrawal remedy these three aspects are discussed.

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