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China to give foreign national standards for the treatment of existing problems and development countermeasure

Author: PanZuo
Tutor: ZhangXiaoMu
School: China University of Political Science
Course: International Law
Keywords: Foreign Direct Investment Foreign national treatment standards Preferential treatment Countermeasure
CLC: D922.295
Type: Master's thesis
Year: 2006
Downloads: 147
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Abstract

FDI-foreign direct investment, foreign direct investment, as a weathervane of global economic integration, has been the countries concerned, the countries are also constantly adjust their introduction of foreign investment policies to attract more FDI inflows, in order to develop the country's economy. For China, 20 years of reform and opening up, China's total actual foreign investment of more than 3300 billion U.S. dollars, becoming the largest foreign investment in country in developing countries, especially in 2003, China has become the world's largest foreign direct investment absorption States (except Luxembourg special exceptions) due to over-turn, therefore, more than the traditional maximum absorption of 2004 foreign-funded enterprises tax zero growth, 55% of foreign-invested enterprises reported a loss, behind this there is exactly how I think the reason? China to give foreign investors a highly favorable treatment standard is one of the important factors. This article is divided into four parts, as follows: The first part introduces the practice of the applicable standard of national treatment in China to attract foreign investment as well as problems, mainly drawn from the current domestic tax zero growth in the inflow of FDI and foreign-funded enterprises contrast: the second part of the foregoing the analysis of the problems in the practice of foreign leads the discussion on China's treatment of foreign national treatment standard, this part by comparing the international community to treat the different standards of treatment of foreign investment and give treatment of foreign capital, analyzing the differences of the different approaches in the practice and summarized its inherent reasons, and then focus on the departure from the practice of China, pointed out that currently accorded to the national treatment standard of treatment of foreign and misunderstanding; Part III, from the development of standards for the treatment of global FDI flows and multilateral international legislation and legal system tend to see China's basic strategy , First global FDI flows in recent years, trends, and their impact, and then combined with the field of international investment towards foreign investment standards for the treatment of development trends, summed up in the current situation, China should take what kind of strategies, including policy in domestic legislation, and positions to be taken in international negotiations. The final epilogue described the current foreign investment absorption, utilization and foreign policy need to be addressed, and I insights and perspectives on relevant countermeasures. In this paper, the horizontal comparison method, compared to the existing and developing legislation on the treatment of investment and China's relevant laws and, to using longitudinal comparison on this basis, to compare China since the reform and opening up to foreign investment legislation, analysis China as FDI maximum absorption of important strategic interests of the capital-exporting countries, to explore multilateral international investment legislation and legal system construction in China's position, countermeasures, and the problems for the foreign applicable national treatment field in China put forward their views and The solution, in order to provide a reference to domestic legislation.

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