Legal Research On The Aministration And Protection Of China's Overseas Direct Investment

Overseas investment is the important content in the international capital floating. According to the basic principle of the international law, that is, the principle of Lex Personalis, a capital export country has the jurisdiction to its overseas enterprises . This jurisdiction consists of two aspects: One is to take a series of administration measures, which are including encouring policies and laws in order to promote the overseas investors to develop foreign investment; also including supervising policies and laws so that the country can adjust the floating volume and direction of its overseas investment and control that to comply with the general goal of its national economy and social development .The other is to provide with a series of protecting measures, so as to surely guarantee the security and interests of the investors.Starting with analyzing the legal problem of China's overseas investment, the paper states the legal system of the encouraging, supervising and protecting overseas investment in the world countries, points out he legislative defects of our overseas investment, explains the necessity of establishing the relevant legislation. Finally, puts forward some legislative proposals, with the view to perfect the legal system of China's overseas invesrment, therefore, to promote the economic development of our country.