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Foreign Investment exit Legal System

Author: QiDeHua
Tutor: WangHongJun
School: Yunnan University of Finance
Course: Economic Law
Keywords: Foreign—Invested enterprises foreign direct investment abnormal withdraw exit channel
CLC: D922.29
Type: Master's thesis
Year: 2011
Downloads: 44
Quote: 0
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Abstract


China keeps being one of the largest Capital-importing countries since the policy of reform and opening up carried out.The introduction of foreign-invested enterprises has important and leading effects on the economic development of our nation,such as increasing employment,raising taxes,stimulating local technological innovation,management innovation,etc.However,with the transform of economic growth model and industrial restructuring,foreign investment in our nation forms a phenomenon of the withdrawal of foreign capital. Particularly abnormal withdrawal of foreign capital, the development of China’s economic is greatly compromised. As the financial crisis intensifies, foreign abnormal evacuated problem has become increasingly prominent. Abnormal evacuation of foreign capital has become a common phenomenon and caused many negative effects to China’s economic development. Deficiencies exist in the law of our country and perfecting market mechanism and legal construction are urgent. In the present economic climate,studying the evacuation of foreign economic is of great significance to the development of our nation.This article is divided into six chapters,The first chapter is the introduction,leads by the relevant facts to the Topic.The second chapter gives an overview of the legal system of foreign capital evacuating, introduces relevant concepts, analysis of the reasons for the withdrawal of foreign capital and the impact.The third chapter describes the three channels of foreign capital exit and legal regulation, analysis of the legal consequences of the withdrawal of foreign capital.The forth chapter briefs the legal obstacles faced by the exit.The fifth chapter gives some corresponding countermeasures and suggestions.The sixth chapter is conclusion.In order to solve the problem,which is abnormal withdraw of foreign-funded enterprises,we should respect the legitimate needs of foreign investors,eliminate the phenomenon of over-regulation and clear the liquidation and bankruptcy legal channels.Meanwhile accountability system for offenders should be strengthened. It is significant in fully understanding the negative influence and reasons of the abnormal evacuation. It also benefits formulation of the corresponding policy so as to reduce the negative influence.Abnormal and illegal evacuated foreign-capital enterprises increase, causing tremendous losses to our country. But we can not treat it just from a perspective of foreign illegal withdrawal,from the point of company type of withdrawal, most of the illegal withdrawal of the company type is lost market advantage in China’s labor-intensive company.Instead, these enterprises from the Chinese market will help China to optimize the structure of foreign investment ,achieve upgrading, rational fall is a relatively normal level.Resaerching withdrawal of foreign capital is very challenging, and it has a high theoretical and practical significance. With the related management and statistical departments of foreign investors exit the growing wealth of information and data improvement, there will be a comprehensive, in-depth study of withdrawal of foreign investment in the future market.

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