On Liberalization Of International Investment Law And The Adjustments Of China's Legislative Policies On The Foreign Investment

With the economics globalization and the world economics integration, the recentyear international investment law appears liberalization trend unprecedented, on thebackground Chinese foreign investment law is manifesting a great deal disco-ordinationmalpractice comparing with it. This paper mainly has the important significance ontheory and practice to the improvement of socialism market economic system, and thefulfillment of international law obligation after entering the WTO. The recent year liberalization trend of international investment law entirely can use"relax the limitation to foreign capital entering; strengthen the protection of foreigncapital" to sum up. After summarize the content, the core can be expressed by thefollowing several aspects: foreign capital permitted-in liberalization, national treatmenttoward foreign capital, requirement of forbidding fulfillment and legal policytransparency. China adopts double track legislation pattern, and set up enormous foreign-capitallaws. At present, the problems existing mainly focus on legislation and content.Nevertheless, there are many conflicts and difference between foreign-capital law andrelated documents of WTO, the contradiction from the prominent petro-nationaltreatment and sub-national treatment. To improve foreign-capital legislation of our country we need restructureforeign-capital law of our country on system, and transfer emphasis from theforeign-capital management stage to foreign-capital permitted-in stage on legislationpattern. Meanwhile, exceptional item of WTO regulations should be made full use of,and anti-monopolization legislation should be strengthened.