Study On Fake Investment Of Foreign Invested Enterprises And Legal Countermeasure

The import of foreign caPital did facilitate the economic prosperity of China However during importing foreign capital a series of fake investment phenomenon emerge one by on such as "fake Joint venture" ,"fake cooperation" and "fake solely-invested enterprise" etc These fake investments no only affect the development of local economy and the stability of society but also cause the dis9patioD even the flow-away of manpower, materiel and money Therefore it is necessary and urgent now to carry the study on fake foreign investment and legal countermeasure The quick enter of related countermeasure will play a significant directive role on developing economy, Stabilizing society perfecting lawmaking and strengthening the enforcement of law.I graduated from Law Department of China Political-legal University in July 1985 and started employment in August Since then 1 have been working on trial at economic court and paying particular attention to the disputes caused by fake investment of foreign invested enterprises. Through reading over and over related laws and regulations, I have a sound grip in terms of theory of the concept, characters, causes and legal liabilities of fake investment of foreign invested enterprises as well as the responsibilities, rights and benefits of related departments Meanwhile, during the course of hearing cases, I make study on the form of representation of the fake investment of foreign invested enterprises by combining concrete cases. Based on the study and related laws and regulations, I summarized some countermeasures. in form of lectures, I introduced and explained to a bank the countermeasures and related phenomenon which are in relation to banks loan business in the actual application the knowledge of form of representation learnt from my lectures help the credit staff of the bank see through the trick that a joint venture attempted to pass the dated and shabby equipment invested by foreign party off as modern advanced equipment, and avoid the fraud for loan, succeed in keeping the nation away from the loss Of US$1 mill lion. Now I summarize my study and working experience in the article to present the concept, form of representation, legal liabilities of fake investment of foreign invested enterprises and legal countermeasures. In the article, 1 also set forth to establish an integrated legal system by making law, enforcing law and administering justice to defend, punish and crack down fake investment. In such way, it is expected to root the fake investment soon. Hope my article can is helpful to avoid the flow-away of manpower, materiel and money and standardize the socialist economic order of China.