The Coordination Between Foreign Investment Law And The Corporation Law

The laws for administrating foreign invested enterprises, which are especially legislated for the companies that have foreign captical involving in China, are regularly considered the special laws when compared with Law of Corporation. Whereas it comes up with a lot of uncertainty in operational way of application of these laws, the conflicts between foreign investmental laws and Law of Corporation and economic development oriented requirement may be the main sourses. This thesis is going to analyze the conflicts, compare these two, give a further discussion of the relationship between them and try to make some suggestion of better law application for foreign legal entities. As the writer I insist that as it concerned to application of special law and general law, new law and old law, there are general principals. When it comes to more specific economic situation, flexibility can be landed on. For example, we can buy some clauses which are not mentioned in Company Law but fit economic need, cannot when some clause violating state economic administration. In brief, whether it goes to the need of economic development is the standard judgement when we confuse to make applications.The article is divided into four parts. The first part discusses the foreign invested enterprise law and the legal nature of the legislative background, the focus in this chapter is to analyze the three forms of foreign-invested enterprises. The second chapter is about to analyze the conflicts between the Company Law and Foreign Investment Enterprise Laws, and a number of specific institutional comparisons to discuss the differences on content. The third chapter focuses on the legal relationship on merge and re-investment. Chapter Four discusses the development of foreign-invested enterprises and its trend of development of relations between company law and proposed future direction of China's foreign investment law system.