The Study Of National Treatment To Foreign Investment

With the establishment of socialist marketing economic system and China'sentering the WTO, the policy of exploiting foreign investment will come up to a new stage. How to view the treatment policy to foreign investment in China has become a focus issue.National Treatment is one of the basic principles in international cooperation. It is necessary for a nation, to great foreign investors the national treatment ,which intends to be involved in the word economic integration. Also it is a premise to create the first-class investment environment in the word and to strengthen the international competitiveness. National treatment means a sovereign nation grants foreigners (natural persons and legal persons included) the treatment no less than that given to its citizens or legal persons in such areas as the capital, the wags, the areas the trade-relate investment measure and judicial administrative remedies which are based on reciprocity or treaties.The thesis probes into the general theories of national treatment tO foreign investment. It deals with the origin, development, the objects, the fields and characteristics of national treatment. The thesis also analyzes how WTO regulates national treatment. The author takes the United States and Singapore as examples to illustrate the features and practice of developed countries and developing countries ?The thesis places an emphasis on present policy of treatment to foreign investment in China. To some degree China has authorized foreign investment national treatment is some areas, which is revealed in domestic laws and rules and bilateral treaties. Meanwhile, there are still some non-standardconditions in practice such as super-national treatment and sub-national treatment The author points out the major problems and cause in present treatment to foreign investment: the deviation between giddily mind and understanding; reconciliation between laws and rules; low level of marketing economic system and internationalization. The thesis also analyzes the necessity and possibility for China to implement national treatment according to the development of economy and need in consequence of China's entry into WTO.Leu by the analysis and research, The author puts forward some suggestions for proper move in practice: reconcile domestic laws and rules; reconstruct the system of foreign investment; reasonable exploit the exceptions to national treatment; rearrange the laws and rules related to foreign investment; stipulate limitation to internal legislation...