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Study on Perfection of Foreign Investment Law System of China

Author: ChengLi
Tutor: ZhangQingZuo
School: Wuhan University
Course: International Law
Keywords: foreign investment law law system legislative model value orientation legislative direction
CLC: D922.295
Type: Master's thesis
Year: 2005
Downloads: 414
Quote: 0
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Abstract


The current law system of foreign investment of our country offers the strong legal guarantee to realize the policy of foreign capitals of our country and foreign economic development strategy and realizes the goal of modernization. Though China has already made the staggering success in utilizing foreign direct investment, with economic system reform in our country deepening, the economic globalization developing, the foreign investment law of our country demonstrates a great deal of deficiencies gradually. To meet the needs of WTO, China has revised the basic composition of foreign investment law greatly according to the requests of Protocol on the Accession of the People’s Republic of China. Because it is in order to meet the requirements of China’s entering to WTO, so it has not made heavy adjustment to current foreign investment law, but just done corresponding adjustments to the relevant regulations of which have violated TRIMs (Trade Related Investment Measures), the deficiencies that existing in foreign investment law does not get ultimate perfection. The essay begins with the severe challenges faced to the foreign investment legislation of our country under WTO, then stretches forward the perfection of the value orientation and the legislative direction of the foreign investment legislation of our country, finally grasps the legislative system of current foreign investment of our country macroscopically, analyses the origin why there exists the problems on the whole, then proposes basic imagining to the law system frame of the foreign investment in the future, attempting to offer the reference suggestion to the further perfection of the foreign investment law of our country.The article consists of three chapters and is organized as follows:Chapter one analyses the severe challenge which the foreign investment legislation of our country facing under WTO system. This chapter analyses the trend of the development of international investment law, then analyses some main questions deviated from the regular system of WTO law at first, including the questions of market access, the treatment of the foreign capitals and the transparency.Chapter two analyses that perfects value orientation and legislative direction to theforeign investment legislation of our country. This chapter introduces the meaning and form of the value orientation and legislative direction at first, then it evaluates themselves and the effects of the implementing. Finally, the author analyses the exterior and domestic environment to perfect the value orientation and legislative direction of the foreign investment legislation, and proposes some thinking with regard to the value orientation and legislative direction in the future.Chapter three is the main part of this article. It gives a introduction of the current law system of foreign investment of our country from the aspect of the legislative model of China’s foreign investment legislation, hierarchical structure at first, then analyses the origin why there exists the problems on the whole and puts forward the basic imagination how to perfect the law system of foreign investment of our country finally.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Foreign-related economic management Act
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