Study On Some Fundamental Problems In The Reconstruction Of Foreign Investment Law System Of China

As the specific legal system in regulating foreign investment relations, the foreign investment law of our country has played a very important role in improving the investment environment, protecting the rights and interests of the foreign investor and implementing the foreign investment policy. With the change of investment environment, the foreign investment law of country has turned out to be unseasonable with the new conditions. The trend of economic globalization and international investment liberalization, together with the transformation of domestic economy and the enhancement of overall strength have all brought forward the necessity of the reconstruction of our foreign investment law system. With concerns to the universality of the reconstruction, the essay has selected some foundational questions to be focused on. After a review of the present foreign investment law system of our country, the essay goes from the analysis of the regulatory object of the foreign investment law, and gives a new definition of the connotation and extension of the regulatory object. Then, the essay has a research on the reconstruction model of the foreign investment law system, and discusses the basic direction and specific model of the reconstruction. At last, in order to offer some advice on the determination of the basic principles and legislative kernel, the essay has a particular discussion on the directing principles of the reconstruction.The essay is structured in three parts: introduction, text and epilogue. The text is composed of four chapters.Chapter One has a particular review of the history and actuality of the foreign investment law system of our country, and then summarize the characteristics and defects of the present system.Chapter Two has a thorough study on the regulatory object of the foreign investment law. First, the author gives a general definition of regulatory object in thepresent system, and then in contrast to the regulatory object of the civil law and other domestic economic law departments, the author give a new definition of the connotation of the regulatory object of the foreign investment law. Further, after a review of the other countries' regulatory object, the author demonstrates the specific range of constitution of the regulatory object.Chapter Three mostly focuses on the research of the reconstruction model of the foreign investment law system of our country. First, the author has a general introduction and analysis of the main three models of foreign investment law system in the world. Then, the author analyzes the different ideas of the reconstruction model among different scholars in our country. Further, the author concludes some necessary factors in determining the legislative model. At last, the author also put forward the legislative model that china should adopt.Chapter Four mainly discusses the directing principles of the reconstruction. First, the author brings forward four general principles of the reconstruction. Then, the author has a thorough analysis of some three specific principles of the reconstruction of the foreign investment law system.