China's Foreign Investment In The Legal Construction Of Study

The economic globalization has formed a new trend today, and international investment has taken the place of international trade as the main impetus to promote the international economy. With consideration of these factors and China's practice of overseas investimnt, and under the guidance of Marxism-eninism, Mao Zedong Thought and Deng Xiaoping Theory, this dissertation explores some problems in the legal construction of overseas investment in our country, including the legal construction of the already-made overseas investment, the on-going overseas investment, the internal overseas investment, our country's overseas investment in other countries, and foreign countries?overseas investment. The whole dissertation consists of four parts, besides the prelude and the postscript. In the prelude, the dissertation states the view that international investment is the natural and main trend of the economic development in the modern world, and for each country, the utilization of foreign capital is not merely to draw home foreign capital but also to make use of it abroad. The author holds that drawing foreign capital home is the prelude of overseas investment, and will naturally bring about overseas investment, which is a higher stage of utilizing foreign capital. Besides, the dissertation shows that both developed and developing countries value their countries? overseas investment, its legal construction and study, gives a brief analysis of the three channels for the main body of China's market economy to enter the world market, among which overseas investment serves as the most effective one, and points out the fact that China comparatively falls behind in foreign investment is due to the lagging legal construction and theoretical research into overseas investment. In Part One, the dissertation firstly defines China's overseas investment both as the direct overseas investment, not the portfolio investment, and as the private (corporations and enterprises) direct investment with the exclusion of the government's investment, differentiates the definitions of foreign investment, multinational business, pure exporting business and interi~ational business. Then it introduces the three stages of China's overseas investment, analyzes the nature of overseas investment between China and developed countries, and explores the role and functions of overseas investment in China's socialist construction. Finally, it makes a systematic analysis of both international and internal conditions for China to develop overseas investment, and proposes a strategy for China's overseas investment development, including guidelines, objectives, regional strategy and professional strategy. In Part Tho, the dissertation summarizes the current situation of both international and internal legal construction of our country's overseas investment, and analyzes systematically the existing problems of China's legal constructions in overseas investment. These problems embrace the incorrect guiding ideology in the making of law, the lagging legislation, the low-level in legislative stage, the incomprehensive legislation, unscientific and lacking in the legal protection of capital sources, uninformed supervision of state-owned capital in other countries, imperlt management system, obscure responsibility for foreign investment, backward mechanism for internal and international enterprises, iticompatihility between internal and intcrnalioiial laws, the dilemma caused by internal tax law, unscientific policies and strategies for overseas investment, low- qualified personnel wording i...