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A Study on the China’s Legal Regulations of FDI Control

Author: LiuZuo
Tutor: ZengHuaQun
School: Xiamen University
Course: Legal
Keywords: Foreign Direct Investment(FDI) Control Legal Regulation
CLC: F832.6
Type: Master's thesis
Year: 2008
Downloads: 208
Quote: 5
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Abstract


With the development of the integration of the world economy, Foreign Direct Investment (FDI) has become an important measure to raise the national competition ability of each country, also, China’s FDI is developing promptly. China’s legal regulations for FDI control should be improved as soon as possible to reinforce Chinese FDI activities and improve Chinese competition ability in the world.Besides the Foreword and Conclusion, the dissertation is divided into three chapters.ChapterⅠanalyzes the characteristics of China’s FDI and evolution of legal regulations of its control. It is divided into two sections, the first one of which describes the characteristics of China’s FDI from subjects of Investment, Investment Region and Investment Trade, the second one of which divided the evolution of China’s legal regulations of FDI control as five stages: the first one is the period of explore, which is from 1979 to 1984; the second one is the period of primary development, which is from 1985 to 1991; the third one is the period of adjusting, which is from 1991 to 1996; the forth one is the period of developing step by step, which is from 1997 to 2003 ;the fifth one is the period of turn, which starts at 2004.ChapterⅡmainly introduces the contents of China’s valid legal regulations for FDI control in present, which consist of three parts, the first one of which is China’s Legal Regulation of approve FDI Control, which can be divided as seven parts as follows, subjects of FDI, definition of FDI, power of approve, criterion of approve, forbidden items, procedure of approve and documents to application; the second one of which is China’s Legal Regulation of Foreign Exchange Control in FDI, which is made up of "before the Investment" and "after the Investment" two parts; the third one of which are China’s legal regulation of financial and state’s assets control in FDI.ChapterⅢare divided as two parts, on the basis of pointing out the problems in current China’s FDI activities, which are severe escape of capital, little profit, loss of state’s assets, lose of control to foreign entities, the first part points out the problems in China’s legal regulations for FDI control, which are much authorities of supervising, low rank of relating regulations, halfway of approve regime, weakness of control on state’s assets, lack of control on private enterprises and absence of supervising after Investment; the second part was based on the former part, which raises some recommendations to improve China’s legal regulations for FDI control, which are to unify the legislation, to set up the one-stop control regime, to set up a regime to encourage small and private company to FDI, to clear the rights & obligations of government and company, to loosen control on foreign exchange, to build up the regime of individual FDI, to build up the relating regime and to build up the punish regime.

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Exchange rate,foreign financial relations
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