| For a long time,China and Myanmar have " linked with mountains and rivers,faces similar social issues" and have a long history of various cooperation mechanisms.Relying on the ChinaASEAN Free Trade Area,China and Myanmar has achieved remarkable results in economic and trade cooperation.China is the largest trading and investment partner of Myanmar.In recent years,with the "Belt and Road" initiative and the Bangladesh-China-India-Myanmar Economic Corridor and other national strategies put forward,cross-border agriculture has become a bridge for win-win cooperation between China and Myanmar.Studying the legal mechanism of agricultural investment cooperation between China and Myanmar,analyzing the investment environment at home and abroad,and exploring the potential of future agricultural cooperation that is great significance for promoting the agricultural development of China and Myanmar and making full use of the markets and resources of the two countries.Firstly,the article introduces the policies from the perspective of the legal environment,foreign agricultural investment and analyzes the opportunities and advantage for agricultural investment cooperation between China and Myanmar and focuses on the analysis of the legal environment to discuss agricultural investment mutual interest level,scale,and scope of cooperation.Secondly,to interpret the relevant legislation and policies on China-Myanmar agricultural investment cooperation from a micro-level which focusing on the introduction of China-Myanmar foreign investment,legal regulations related to the legal framework and market access regulations for foreign agricultural investment.Chinese agricultural investment procedures in Myanmar,Myanmar ’s preferential trade policies for agricultural investment,and the legal mechanism for international cooperation in the field of agricultural investment between China and Myanmar,and whether they are beneficial to the liberalization and facilitation of agricultural investment in China and Myanmar.Thirdly,analyze the legal issues that restrict China-Myanmar’s agricultural investment cooperation from a macro perspective: first,China-Myanmar agricultural investment cooperation was analyzed from five aspects: foreign investment policies,lack of stability in laws and regulations,differential treatment of foreign investors,irregular settlement and exchange restrictions,complicated approval procedures for investment projects,and insufficient solvency of the Myanmar’s government and legal risks of China;Second,the legal mechanism of China-Myanmar agricultural investment cooperation was analyzed from three aspects: insufficient domestic legal environment construction,inadequate domestic laws and regulations,and lack of effective international cooperation legal mechanism;third,analysis of technical barriers to trade,barriers to customs clearance,barriers to investment,and barriers to human resources between China-Myanmar agricultural investment cooperation.Immediately afterward,countermeasures for solving the legal problems of China-Myanmar agricultural investment cooperation were put forward.First,it proposed strategies to strengthen domestic legislation on foreign investment from three aspects: strengthening domestic legislation on foreign investment,improving the legal system of foreign agricultural direct investment,and formulating international conventions on the “Belt and Road” crossborder economic and trade cooperation;the second is to improve the construction of the legal risk prevention mechanism for China-Myanmar agricultural investment cooperation from the concept of strengthening legal risk managements and control,establishing a legal risk prevention system and early warning mechanism,and promoting the formation of the China-Myanmar economic and trade cooperation coordination mechanism;third is to propose the improvement of foreign investment laws in dispute resolution mechanism.Finally,clarify the objectives and guiding ideology of China-Myanmar agricultural international cooperation put forward the technical path for carrying out and the countermeasures to promote China-Myanmar agricultural investment capacity-building cooperation,with a view to providing some effective investment activities for China-Myanmar enterprises abroad.Practical assistance,and provide an idea for further research on investment legal mechanisms in other countries in Southeast Asia. |
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