Research On The Principle Of National Treatment To Foreign Investment

With the coming of joining WTO and the development of globe economy, the original law of foreign investment has coming out some unreasonable aspects. In it, National Treatment as the basement of legislation of foreign investment must be the key of setting up legislation system of foreign investment. Our country is facing up the great challenge between attracting foreign investment and developing national economy. So how to find the equal point is the key of the presence of National Treatment principle, n traditional methods, there are many different ideas to the definition of foreign investment and the quality of "Super national Treatment ". This paper taking emphasize on providing the base of theory and the conduct of practice, not only analyze kinds of theories and accepts the good with criticism, but also provides a fully new idea "National Treatment is objective existence under its definition, just because of the exception and its quality, it is also fully different from equal treatment. It is the presence of national power, and is related to the developing level of every country's economy and constantly fulfill itself with the development of economy. As a result, National Treatment is relative and dynamic. Then realize the combination of theory and practice. This paper also researches on some relating international conventions, bilateral agrees and domestic legislation, the make conclusions. At last, it relates the actuality and problems of Chinese National Treatment to foreign investment, at last offered suggest to legislation of foreign investment and establishment of reasonable system of National Treatment.