Discuss On The National Treatment And The Perfection Of Chinese Foreign Investment Law

Foreign Investment Treatment is the core of International Investment Law, among which the National Treatment is a more important problem. A comprehensive and clear understanding of this significant legal problem will be helpful to the adjustment and perfection of Chinese Foreign Investment Law, and be conducive for China to attract more foreign countries to invest directly. In the world of today, with the floating of international capital within the range of globe, China has become the second large country of importing foreign investment. Foreign investment brought about the mechanism of the market, cultivated the competitive surrounding, improved the market development, but at the same time, to some degree, it resulted in the distortion and unbalance of the national economy. How to adjust foreign investment policy so as to give play to the foreign investment抯 improving function in its own country抯 economic development, which has become a subject of great importance in front of us. From the present developing trend of every country抯 investment law, taking up National Treatment Law has become a main tendency. The TRIMs, which is reached in Uruguay round, will extend the National Treatment policy from importing product to international investment field. Form the aspect of international direct investment, it partially defines a global梡olyside梠beyed regulation. China will join in the WTO, so it will surely accept all the negotiation documents including TRIMs, and will gradually carry out National Treatment to foreign investment. Furthermore, it will reform the regulations that do not accord with the National Treatment. Investigating Chinese Foreign Investment Law, it is easy for us to find out that China has adopted the National Treatment to foreign investment to certain degree and within certain range. But because of historical reason, Chinese Foreign Investment Law has various regulations that deviate from the clauses of National Treatment that obviously cannot adapt to the development of politics and economy. Therefore, it抯 necessary for us to make adjustment and perfection of the regulations that are related to the National Treatment in the Foreign Investment Law. At the same time, we should make it clear that adopting the National Treatment is a systematical project, and we cannot act too hastily. On the contrary, we should proceed from the considerations of national interests and actual conditions, judging the hour and size up the situation, then realize the National Treatment gradually. This paper focuses on the general theories of the National Treatment principle, on the basis of which integrating the practice of carrying out the National Treatment in different countries, revealing the different characteristics of adopting the National Treatment system on different countries. Furthermore, basing on Chinese actual conditions, this paper analyzes the situation of carrying out the National Treatment in our country objectively and historically, pointing out the malpractice of the current National Treatment in our country and the distance between the Foreign Investment Law and IRIMs, dissecting the essentiality of adjusting and perfecting the Foreign Investment Law of our country. To counter these problems, this paper puts forward the proposition of perfecting Chinese Foreign Investment legislation according to the National Treatment policy, which can serve as the reference of Foreign Investment legislation of our...