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A Study On China's Legal System Governing Foreign Invested Enterprises And Suggestions For Its Improvement

Posted on:2005-10-13Degree:DoctorType:Dissertation
Country:ChinaCandidate:J Z CheFull Text:PDF
GTID:1116360152455003Subject:International Economic Law
Abstract/Summary:PDF Full Text Request
The aim of this paper is that through studying the process of development and the legal system of foreign invested enterprises laws in China, introducing foreign investment laws in Korea, and generalizing their successful experiences and valuable lessons, makes suggestions to develop foreign invested enterprises laws in China. This paper is divided into eight parts including introduction and conclusion, and organized as follows:In the introduction, the purpose, the content, the method, and the innovative points of this paper are presented. Chapter1 provides a general idea on motives of foreign direct investment ("FDI") into China, and changes of China's FDI policies. The author believes that before studying foreign invested enterprises laws in China, understanding the general FDI climate in China would be necessary. For that, in the first part of this chapter, motives of FDI into China are addressed in general. The second part explores methods of investment including establishment of joint ventures and wholly foreign owned enterprises, M&A, BOT, and Chinese-foreign cooperative development of national resources. The third part traces the history of policies related to FDI in China. China has a more than 20-year history on introducing FDI. During that period, FDI has been played an important role to improve economic system and driven economic development in China, and it has been closely related to the policies of Chinese government. The government clarifies the conduct of foreign invested enterprises, the relationship between foreign invested enterprises and Chinese enterprises, and encourages foreign investors by taking preferential policies, and enacts relevant laws and rules. Moreover, different economy policies and laws play different roles on FDI, and they effect on the positive role of FDI to develop economy. Therefore, to some extend, reviewing the background of laws and policies of FDI and its path of the development is worth studying for understanding China's FDI laws. For that, the author divided the period to five stages: up to 1978, from 1979 to 1984, from 1985 to 1991, from 1992 to 2001, and the post-WTO era. In addition, this chapter probes into the changes on regulations of foreign invested enterprises laws in China to fit WTO regulations, and discusses laws and regulations which need to be enacted, to be supplemented, or to be modified under the post-WTO era. The forth part introduces the FDI legal system and the changes of relevant policies in Korea, aiming to offer foreign experience to China.Chapter2 explores foreign invested enterprises laws in China. The first part introduces the principle and characteristic of foreign invested enterprises laws in China. Among them, the author lays emphasis on the over-decentralization of legislative power owing to the dual system that governs foreign invested enterprises and domestic enterprises separately, and the unique characteristic of enterprise-oriented FDI laws. The second part addresses the legal system and the sources of foreign invested enterprises laws in China. The sources include the constitutional law, special laws, administrative regulations, local statutes and regulations, government departmental rules, international rules and practices: besides, the legal hierarchy is approached. The third part describes the main content of foreign invested enterprises laws in China. Foreign invested enterprises are the basic method that foreign investors widely take to invest in China. Foreign invested enterprises refer to those enterprises established in the form of Sino-foreign equity joint venture, Sino-foreign contractual joint venture, and Wholly foreign owned enterprise in China, in accordance with relevant Chinese laws, and those three kinds of enterprises are usually referred as "San Zi Qi Ye (enterprises with three different origins of capital)". In this chapter, this paper confirms the principle of the foreign investor first, then, touches upon the qualification of investment parties, the form of organization, the procedure of est...
Keywords/Search Tags:Enterprises
PDF Full Text Request
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