The Adjustment Of Laws Of Foreign Investment After China's Entry Into The WTO

Foreign Investment laws and the WTO rules have close relation. WTO will affect both laws of international investment and domestic economic legal system in many countries by the introduction of international investment into its scope of adjustment. Great change will take place for China's laws of foreign investment once the 3 main agreements(TRIMs TRTPs GATS) on international investment with the WTO concerned putting into effect . For it touches upon some important problems as foreign capital access, treatment of investors, trade in-service , international protection for intellectual property rights , etc . And these aspects above are the very places where the disagreement between China's laws of foreign investment in force and the WTO rules are .In recent years, some measures were taken by Chinese government and revised, modified those legal provisions which goes against the WTO rules and Chinese government's promise. Through which , laws of foreign investment could agree with the WTO rules essentially, but it still has a long way to meet the WTO rules considering the whole system and its content overall. Further measures are needed for the adjustment of laws of foreign investment after China's entry into the WTO.Furthermore, China will be objectively required to enlarge the scope for investment, improve investment environment, accord national treatment, offer a competitive environment with stability, transparency and fairness for foreign investors after China's entry into the WTO. For the realization of these aspects above, China must guarantee in legal system, competition system, etc. Therefore, the laws of foreign investment must be adjusted, and it must be in accordance with the WTO rules. This is the international obligation China should take; This is the internal requirements of China's market economic development; This is the voluntary choice for China to mix itself together with other countries.It will be a great change to adjust existing laws of foreign investment after China's accession to the WTO: domestic legislation should be adapted to internationalization; government administration should be standardization. It will be a great challenge for Chinese government to face, they must take their great efforts to cope with.A fundamental framework provided by the WTO rules for China's market economic system in law making. This framework would be guidance to the adjustment of laws of foreign investment. In content general measures are the desalination or cancellation of "over-national treatment"; a complete prohibition of "under-national treatment "; according national treatment with the principle of national treatment at the core. Key points will enlarge the scope of investment, simplify theprocedure for examination and approval, strengthen the protection for intellectual property rights, enhance legal transparency, etc. In form, laws of foreign investment and domestic legislation should be merged into one, making a (Law of People's Republic of China on Investment) used by both domestic and foreign enterprises.Based on the brief introduction to the 3 main agreements on international investment, the thesis summarizes and appraises in a systematic way to the laws on foreign investment in force, explains in detail the necessity of adjustment by way of comparison combining with the research achievements done by experts at home and abroad in this aspects, and puts forward some key points for adjustment. Then simply goes further into the pattern of the legislation on foreign investment, inorder to ask for advice.