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Study On The Influence Of China's Entry WTO Upon Its Law Of Foreign Investment & Countermeasures

Posted on:2003-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:K F ZhangFull Text:PDF
GTID:2156360092465394Subject:International Law
Abstract/Summary:PDF Full Text Request
China has got a great achievement on utilizing foreign investment since China adopted the reform and opening policy. Especially since the year of 1993, China has become one of the largest countries in attracting foreign investment all over the world. China has experienced four stages in utilizing foreign investment and the foreign investment gets optimized in the field of quality, region, sector and structure etc. China's entry WTO opens a new era for our utilizing foreign investment. The quality and level of utilizing foreign investment are expected to be promoted in a large scale.Meanwhile, our law of foreign investment is being improved with the development of utilizing foreign investment and the adjustment of China's policy concerned, which has been promoting and safeguarding the foreign investment actively and has already formed a system of Chinese characteristic laws of foreign investment. China has confirmed to build a socialist market economy system; nevertheless she is still facing the transition from planned economy to market economy. Lots of obstacles arise from the incompatibility between the old and new systems. Although our law system of foreign investment has been made some adjustments, it still cannot meet the requirement to strongly regulate the utilizing of foreign investment in the new stage and need to be rebuilt on macrostructure.So how to understand the WTO's influence on China's law of foreign investment and as well as how to rebuild the system of China's law of foreign investment become the popular issue, which also result in this thesis.Through describing the four stages and characteristics of China's utilizing of foreign investment, the thesis points out the three-layer legal framework and characteristics of our law of foreign investment, and then fetches out the problems of the legislation on foreign investment during the interim of China's system transformation from planned economy to socialist market economy.After full description of the Most-favored-nation Treatment, National Treatment andTransparency of WTO that are closely related to the investment, the thesis demonstrates the WTO rules' adoption on China's domestic law system. Then the thesis tries to find out the gap between China's and international legislations of foreign investment through analyzing the latest achievement on the bilateral treaties and multilateral treaties and other developing countries' experience on legislation of foreign investment.On the basis of analyzing the main direction and policy of China's utilizing the foreign investment, the thesis expounds the gap between the current law system of foreign investment and the requirement on utilizing the foreign investment; and points out that the modification and adjustment on law system of foreign investment is a systematic and ongoing procedure. Only relying on the internal requirement of the market economy mechanism to be adjusted and rebuilt, China's law system of foreign investment can meet the requirement of China's entry WTO. At the end of the thesis, some opinions put forward for discussion.During the preparation of this thesis, the author read lots of books and materials on the international investment and investment laws, and referred some local laws and regulations of foreign investment practically, and made some investigations on several local and foreign-invested enterprises. The author hopes the opinions in the thesis could get some comments from teachers.
Keywords/Search Tags:WTO, Law System of Foreign Investment, National Treatment, International Investment Liberalization Trend, Developing Country
PDF Full Text Request
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