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Author: YangLi
Tutor: WangYuMei
School: China University of Political Science
Course: Economic Law
Keywords: Company Law Enterprises with Foreign Investment Foreign Investment Law WTO rules Perfection of the Law
CLC: D922.291.91
Type: Master's thesis
Year: 2007
Downloads: 339
Quote: 2
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Abstract


China's current foreign investment law reform and opening, drawn up by the Government to promote economic development in order to attract foreign capital, technology and advanced management experience, and to adjust the sum of the legal norms of the establishment of foreign-invested enterprises, organizations, and their activities. Over the years, China's Foreign Investment Law has gone through a scratch, from the imperfect to the gradual improvement of the development process, played a huge role for China to attract foreign investment, improve the environment for foreign investment, contributed. From the present situation, the company is an important organizational form of foreign-invested enterprises in China, Company Law and the Foreign Investment Law also constitutes the basic law of foreign investment in China. Reform and opening up more than 20 years, the legislative background and the process of development, resulting in both repeat between the Foreign Investment Law with the Basic Law, Company Law, there are contradictions and conflicts, and weaken the seriousness of the foreign law and consistency. Although China in 1993 to apply for GATT began to amend the law in 2000 amending the law again for accession to the WTO, has not changed a lot of non-uniform phenomenon between the Basic Law of Foreign Investment. Come into effect on January 1, 2006, \joint ventures, Sino-foreign cooperative enterprises, foreign-funded legal representation of a number of changes that the new law has been a big step towards the foreign-funded enterprises within the application of uniform legal direction. Fit analysis by the \the existing foreign-invested enterprises and foreign invested enterprises in France produced a great impact. \With the economic development and the changing international environment, foreign investment not only to adapt to the international requirements of the rules after China's accession to the WTO, but also to achieve the transformation of foreign investment from the previous pursuit of the number of directions to improve the quality of investment, so we had to re-examine current foreign investment law system, a careful analysis of existing problems and deficiencies, according to the practice and development needs to further improve the foreign investment law in China. Improve the foreign investment should follow the trade and investment, the combination of the combination of unity and coordination of national conditions and axioms, a combination of stability and development, the principle of transparency. The future development trend of China's foreign investment legislation is divided into three phases: one of the existing Basic Law Shuli, modify, supplement and perfect; is to develop a uniform law on foreign investment; three take the complete reunification of domestic and foreign legislation.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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