Research On China's Law Of Foreign Direct Investment

After more than twenty years efforts, China has become one of the most important host countries for investing to developing countries. China's entry into WTO provides better opportunities to our foreign investment. However, for our foreign investing practice, our country's legal study and construction on foreign investment relatively lagged behind the time, which restricts further development of our country's foreign direct investment. How to improve our country's legal construction is an urgent and hard task. Taking the reality of our country's foreign investment, this thesis intends to make further research on china's legislation of foreign direct investment on the basis of foreign successful experience.This thesis consists of five chapters. The first chapter makes a brief introduction on the concept and development of international direct investment. In order to inform the reader of our country's reality of the foreign investment, the second chapter analyzed the necessity, reality and the problems of foreign direct investment with the consideration of our country's foreign investing practice. Starting from the law of capital exporting countries on encouragement and protection of foreign direct investment, the third chapter emphasize on the commonality of different viewpoints from foreign countries on how to improve foreign direct investment and the law construction. Chapter four further explains the current foreign legislation, policy and the problems in our country. There are obvious deficiencies existing in China's foreign direct investment regulations and law system, abroad direct investment examination and approval rules, foreign exchange administrative rules, abroad tax revenue system, the unilateral and bilateral protection system on abroad investment. Therefore the following parts give pertinent suggestions on them. Chapter five put forward ideas to perfect our foreign direct investment. The important part is legislative construction, which is divided into vertical and horizontal respects. The vertical respect involves legislation steps, principle, institutions; the horizontal respect involves the perfection on the encouragement, protection, administration on foreign direct investment legislation.