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The Comparison Research Between China And Laos On Foreign Investment Law

Posted on:2015-02-17Degree:DoctorType:Dissertation
Country:ChinaCandidate:M D LiFull Text:PDF
GTID:1266330428964025Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In today’s world, with the gradual development of economic globalization, there is an increase in integration trend among national economy, investment liberalization is developing rapidly and have become an irresistible trend. Theoretically, foreign investment in another country’s economic development issues, must involve the law. In legal issues, there are neither foreign investment law or other laws. In the market, to become in the dominant way to organize economic activity, the human society capital has become the most important in the process of economic growth and development of chips and elements. Scientists in developing countries believe that economic development after a large number of empirical a nalysis that cause shortage of capital is a vicious cycle of poverty and other decisive factors. Therefore, in today’s global economic competition, capital status is becoming more and more important. All countries in the world are competing for the limited international capital. How to win in the economic competition of the international capital limited investment has become an important subject of common concern to all countries in the world. To absorb more foreign capital investment, must be practical and improve the environment, as it has become the consensus of all countries in the world.In the tide of globalization, Laos also not far behind nature, using its location advantage, the natural resource conditions. Since the first foreign investment law promulgated in1988, the Lao government constantly increase the intensity of opening, improve investment environment, that the total amount of grow, attract foreign investment have made remarkable achievements.At present Laos Opening to the outside world with investment has entered a new stage. In the process of asian integration plays an important role. China and Laos has connected a friendly neighbor of sanshui, closely related to the people of both countries in harmony since ancient times, and China pursues stuck "with their neighbourhood,""with neighboring countries and neighbors bringing harmony", security and prosperity to neighbors policy. In recent years, China and asean have initiated the process of the construction of China-asean free trade area, is committed to establishing a strategic partnership for peace and prosperity. But overall, Laos is still a socialist country, the economy is slow, the technology is not developed, imperfection still lie in the legal environment, investment not widely scope, etc.This paper aims to do a comparison between the foreign legislation and Lao foreign investment legislation. China from two aspects of macro and micro analyzes the similarities and differences between Laos and China’s foreign investment law. China-Laos foreign investment indifference between the two countries in the international and domestic background, has experienced from asingle to rich, from shallow to deep, constantly adapt to economic development, and gradually the evolution course of the world.On the investment condition, China has gradually eased the investment access threshold, lower the minimum registered capital requirements, especially the newly revised company law but also reflect the change. From the investment point of view, to further expand the opening to the outside world in China, ease restrictions on foreign investment, encourage foreign investment in high-end manufacturing, strategic emerging industries, modern services, encourage foreign investment in the central and western regions.Approvals admittance of foreign capital from the point of view, the examination and approval authority further down on the provincial or municipal agencies, save the approval process more simple, the government efficiency is further improved. China’s trade in services, trade in goods, trade related investment measures areas and trade-related intellectual property rights, gradually implement the consistent with the WTO national treatment principle. Foreign investment enterprises in China with various kinds and the larger tax breaks. In the protection of foreign investment, China is not only clear in the constitution to protect the legitimate rights and interests of foreign investors but also system a series of relevant legal system. and perfecting the litigation and arbitration choose type of dispute settlement mechanism, growing and development of the arbitration agency, also providing favorable conditions to protect the interests of investors.In comparison to China, Laos foreign legislation is a specific legal system on the basis of the analysis research, This paper argues that shall be from following several main aspects to build and perfect the foreign investment legislation of Laos. First, strengthen the systematic construction of Lao foreign investment legislation, this is a system engineering, it is also a perfect important link for Laos and the construction of the legal system as a whole. The Lao government can gradu ally relaxing investment fields, strengthen encouragement to guide foreign investment, reduce investment admittance threshold, lower the minimum registered capital requirements. Second, must be according to the national economic development situation, timely revision of Laos foreign investment legislation, which can’t hidebound, but stand still to be able to in order adapt to establish a socialist market economic system. When economic conditions are ripe, they should also be bold attempt to suggest economic free trade area, promoting the rapid growth of the domestic economy.Again, in the process of asean integration, Laos should notice with neighboring countries, especially the positive bilateral economic and trade cooperation with China, a series of benefits to both side’a win-win treaty, agreement, etc. Finally, the Lao government should seize this favorable opportunity to join the world trade organization (WTO), modify and abolish the those series of parts of WTO principles that they do not adapt, with the in a, clear the way for its own economic development and further play the role of the world economy in Asia.
Keywords/Search Tags:Foreign investment law, Permission for foreign investment, Treatment of foreign investment, Foreign investment protection comparison
PDF Full Text Request
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