Laws And Regulations On International Affiliated Enterprise And Intercourse

The final purpose of enterprise business is pursuing the maximization of its profit. From the beginning of its foundation, the enterprise carried out the process of pursuing the abovementioned purpose. To build up special relations between the enterprises by variety of measures is to strengthen its competition ability in the economic market. The special relation can be built by contract concluded by both firms or by investment and so on. We call the enterprises with the special relations Affiliated Enterprises. As the development of the enterprises, the special relations is likely built up beyond the territory limitation of one country by the firms belong to the different countries. Now we named the Affiliated Enterprises as International Affiliated Enterprises. As the result of building special relation, the transaction and economic business will be carried in a special environment and with special conditions, which is the direct point of the special relation. We call this kind of economic phenomenon an Affiliated Business. The Affiliated Business is based on the affiliated relations characterized with control and being controlled. The special relations lead to the affiliated business, which is different from the normal business with lower prices of material and products. So, the cost can be minimized in the group of Affiliated Enterprises, further more, the group approach the final purpose of maximizing the whole benefit of it.The International Affiliated Business is to take place undoubtedly after the foundation of International Affiliated Enterprise. But due to the business takes place between the different countries, so it seems that the influence upon the benefit of state economy could not be avoided, further more, and a challenge was bring upon the application of the International Laws and Regulations in many fields. So a deeply study on lawful issues rising out of an Affiliated Enterprise is becoming a significant and urgent work. To protect the state economic benefit from the damage, the Affiliated Business taken place concerned with a country must be regulated by native legislation, so that the economic market can develop healthily, and the prosperity and enforcement of the state economy can be fulfilled.China is a developing country at present, and from the beginning of Reform and Innovation Policy, substantial of foreign capital entered which contributed largely on the rapid development of the state economy. Especially after we joined WTO, the economic market opened more widely, and as a consequent result, a large amount of foreign enterprise build up its affiliated firms, that lead to a large number of Affiliated Business take place more frequently. What we should do is to utilize the foreign resource adequately on one hand, but on the other hand, we have to prevent the emerging of harmful business to our country. Amending or establishing new laws or regulations to bind the operation of the harmful Affiliated Business by referring to the International Conventions, pacts and foreign laws is the perspective that the article is stretched from.There are three parts including 5 chapters totally under the article. The first part is about the law issues concerned with the emerge and development of Enterprise, Affiliated Enterprise and International Affiliated Enterprise; In the second part, the Affiliated Business is extracted from the Affiliated Enterprise, and be analysis on its characters in the international economic activities nowadays. In the third part, a detailed analyses was carried out deeply into the International Affiliated Enterprise and Business founded or took place in China at present, and concluded the possibility of monopoly in native product field and commercial market, and finally on this basis, some legislating proposals were raised upon the legislation of the Affiliated Business law and the Antitrust Law.