The Supervision And Protection Of China's Overseas Investment

Recent years, with the huge foreign exchange reverse, especially under the go-global strategy, China's overseas investment grows very fast. But, there are many problems. In order to solve these problems and meet the need of development, we should improve the legal system of overseas investment, supervise the investors'behaviors, and protect their interests.This thesis elaborated the state-of-the-art of our overseas investment, including the scale, region, industry, subject, and modus. It analyzes China's inland legal system of overseas investment, including the system of approval, laws about operating overseas and withdrawing from host countries. And it also analyzes the condition of using the bilateral agreements, multilateral agreements and diplomatism to protect our overseas investments. Last, this thesis discussed some important problems of our overseas investment, and offered some resolvents to these problems.Because the inexperience of China's overseas investors and the imperfect of our legal system, this thesis advised that we should regulate the behaviors of our investors, supervise their investments in order to reduce the risk, and we should also perfect our legal system of overseas investments, building the insurance system, make the best of our bilateral agreements and MIGA, ICSID. In addition, this thesis discussed some special problems of our overseas investment, such as the overseas investment of our state-owned enterprises and the overseas investment on energy resource. It suggests that we should upgrade the supervision requirement of state-owned enterprises in order to protect the national asset. In the same time, we should encourage the privately-owned enterprises to enlarge their overseas investment. And about the energy resource investment, this thesis suggests that we should pay more attentions on environmental protection risk and sovereign risk.