Research On Perfecting The National Treatment To FDI In China

As a kind of treatment to foreigners, national treatment was born along with the development of the international trade and international investment, which is an inevitable product of the development of market economy. Carrying out national treatment to FDI is an inevitable trend of economy development in the world. But carrying out national treatment to FDI needs a long time. But, at present developed countries advocate liberalization of investment, push national treatment to FDI in the world so that they can establish the favored sequence. So we must understand that carrying out national treatment to FDI is in the field of sovereignty of a country. A country has the right to choose the treatment to FDI according to his status of economic development, tends to benefit and avoids harm in the process of investment globalization. In the process of carrying out national treatment to FDI, our country shall not only see the positive effect of carrying out national treatment to FDI, but also see the threat to economic safety, for safeguarding economic benefit. The article is composed of three chapters. Chapter one summarizes the basic meaning of national treatment principle and national treatment principle in international investment law, explains that the national treatment to FDI is a kind of treatment that is not under the treatment of the nation of a country. The aim is to explain the preferential policies is included in the national treatment. By far up to now, there is not a international standard to national treatment to FDI in the world. National treatment to FDI is not absolute in any country. This chapter analyzes the relationship between national treatment principle to FDI and other principles in international law, especially the relationship with national economic sovereignty principle. We must hold the two sides in the process of carrying out national treatment to FDI. Carrying out national treatment to FDI is in the field of sovereignty of a country. A country has the right to choose the treatment to FDI according to his status of economic development. At last, this chapter enumerates the examples of national treatment principle in international investment law. The aim is to explain the status of carrying out national treatment in the world and look for the basis in treaties and theories for carrying out national treatment gradually in our country. Chapter tow looks back to the treatments of different stages after reform and opening, explains that carrying out national treatment to FDI must be based on the state of the nation. Our country has established the institution of national treatment to FDI according to status of economic development. This chapter enumerates the examples of national treatment to FDI in the legal system in our country, explains the status of institution of national treatment to FDI in our country. Then this chapter analyzes the basis of carrying out restricted and preferential policies to FDI, enumerates the restricted policies to FDI such as market access, approval, decrease of investment, transfer of investment and affirms the contribution and proposes abuse malpractice of those policies. At last, this chapter enumerates the preferential policies to FDI on revenue, reinvested earnings, land-use fee, exchange control and affirms the contribution and proposes abuse malpractice of those policies. The aim of this chapter is to analyze status and propose questions. Chapter three points out that carrying out national treatment to FDI is an inevitable request of market economy, which is an inevitable policy. Then this chapter proposed projects to perfect national treatment institution to FDI from macroscopic and microcosmic angles. On the macroscopic hand, we should consider that it is benefit or not to economic security, development of national economy and strengthen of national industry .On the macroscopic hand, this chapter proposes to unit foreign investment law, reform system of revenue, make use of rules of exemption and exception in WTO adequately for carrying...