The TRIMs And The Reconstruction Of Chinese Foreign Capitals Law

On December 11 , 2004, China has already entered the WTO in the third anniversary. Our country should accelerate the legistration work of the foreign capitals at present, On the premise of following requisition for its member state of TRIMs agreement, make a scientific and perspective legal clause of foreign capitals, Structure the legal system with integrated foreign capitals finally, Evade TRIMs agreement prohibition rationally, seek the feasible replacement measure, In order to maintain this country economic security of industry for the purpose , make the economy of our country able to incorporate the economic integration global steadily and surely.The article starts with analysing agreement itself of TRIMs, the current situation and enough to study legislating to the Chinese foreign capitals, combining the analysis on TRIMs agreement, the ones that legislated had constructed again and proposed the imagination of suring to the Chinese foreign capitals. Our country can't set out only from investing in the angle while making the law of foreign capitals, but should conbine investment and trade together to consider, must realize the possible influence to trade that investment legislates, it is only the favorable measure to investing in, can not meet the request of the exporting country of the capital in an all-round way , because there is function of twisting on trade on these measures are thought probably. The setting-up of the market economic system, new development of the legal norm of international investment make the foreign capitals of our country legislate to face the severe challenge, it has already been the task of top priority to reform and perfect the law of foreign capitals of our country. We should round the international own principle and system that reach common understanding of investment field firmly, combinethe national conditions of our country, carry on essential modification and adjustment to the current foreign capitals law, make it meet the needs of new changing situation even more.